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2014 Supreme(Guj) 260

R.M.CHHAYA
Deputy General Manager – Appellant
Versus
Rathod Gobarji Bhawanjibari – Respondent


Advocates Appeared:
Mr. Ajay R. Mehta & Mr. Siddharth Dave, Advocates for Appellants.
Mr. A.J. Patel, Mr. Jayesh Patel, Advocates & Mr. Alkesh N. Shah, AGP for Respondent-Original Claimants.

JUDGMENT

R.M. CHHAYA, J.

1. As common question of law and facts arise.

2. By this group of appeals filed under Section 54 of the Land Acquisition Act, 1894 (the Act) read with Section 96 of the Code of Civil Procedure, 1908 (the CPC) the appellant acquiring body has challenged the common judgment and award dated 12.12.2005 passed under Section 35(3) of the Act by 3rd Additional Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos. 412-416 of 1998.

3. The State had acquired the lands belonging to the private respondents-original claimants under Section 35 of the Act. It appears from the record that by order dated 04.03.1996 passed under Section 35(2) of the Act the Special Land Acquisition Officer determined and awarded rental compensation @ Rs. 2.20/ sq. mtr. Being aggrieved by the same, the claimants preferred references before the Reference Court claiming Rs. 10 sq. mtr. per year. The Reference Court by the impugned judgment and award passed under Section 35(3) of the Act partly allowed the land references and ordered to pay additional amount of rental compensation at Rs. 6.30 sq. mtr. per year, over and above that the Reference Court awarded interest @ 9% p.a. from the














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