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2014 Supreme(Guj) 780

JAYANT M.PATEL, Z.K.SAIYED
GENERAL MANAGER – Appellant
Versus
PUNAJI VELAJI THAKOR – Respondent


Advocates Appeared:
MR AJAY R MEHTA, ADVOCATE for the Appellant(s) No. 1 in FA Nos.4418/2006, 1929/07, CA No.1177/04, X-Obj(st.) No.6/2014 FA Nos.3312 to 3316 of 2007, FA No.4064/07(for Defendant), FA Nos.4661/07, 4818/07, to 4819/07, 5007/07 to 5009/07, 5022 to 5024 of 2007 and FA No.199/08 (for Defendant)
MR YATIN SONI, ADVOCATE for Appellant(s) and Defendant(s) in concerned matters.
MR RR MARSHAL, ADVOCATE for MARSHAL AND ASSOCIATES for Appellant(s) and Defendant(s) in concerned matters
MR JAYESH PATEL, ADVOCATE with MS SHIVANI TRIVEDI, ADVOCATE for MR AJ PATEL, ADVOCATE for Appellant in FA No.4064/2007 & for Respondent in FA No.5022/2007 to 5024/2007
MR DHAWAN JAYSWAL, AGP for Special Land Acquisition Officer in FAs No.4418/2006, 1808, 1809, 1813 to 1817, 1929, 3312 to 3316, 4818 to 4819, 5022 to 5024 of 2007 and 199 of 2008 and CAs No.5815 and 5817 of 2007, 5810 to 5814 of 2007 and Cross-Objection No.72 to 76 of 2011, CA No.8326 of 2008, No.172 of 2014 & 173 of 2014 and CA No.1181 of 2014 with CA No.1177 of 2014 and Cross-Objection (St.) No.6 of 2014
MR RAHUL DAVE, AGP for Special Land Acquisition Officer in FAs No.1898, 1900, 2860, 4064, 4661, 5007 to 5009 of 2007 and FA No.175 of 2012, CA No.5818 and 5819 of 2007

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. As all First Appeals are pertaining to acquisition of the land at Village : Bhoyan Rathod and at Village : Julund and the compensation is to be awarded under Land Acquisition Act (hereinafter referred to as “the Act”), they are being considered simultaneously.

2. The common facts are that all lands have been acquired under the Act for the project of O.N.G.C.

3. In First Appeal No.1808 of 2007 the lands are located at Village : Julund. The notification under Section 4 of the Act was published on 9.12.1999. The notification under Section 6 of the Act was published on 8.12.2000. The award was passed by the Land Acquisition Officer and he awarded compensation at Rs.21/-per sq.mtr. The land owners/original claimants, as were not satisfied with the compensation, raised the dispute under the Act, which came to be referred to the Reference Court for adjudication in Land Reference Case Nos.237 to 238 of 2002. The Reference Court, at the conclusion of the reference, awarded compensation at Rs.179.50, but as the amount of Rs.21/- per sq.mtr




















































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