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2018 DIGILAW 352 (GUJ)

DEPUTY COLLECTOR v. BHURABHAI SOMABHAI PAGI

2018-02-01

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : MR.JUSTICE M.R. SHAH, J. 1. As in all the appeals, common questions arise for consideration, they are being considered simultaneously. 2. The present appeals are directed against the judgment and award passed by the Reference Court in the respective Land Reference Cases, whereby the Reference Court has awarded additional compensation at Rs.171/- per sq. mtr., plus statutory benefits under Section 23(1-A), Section 23(2) and interest under Section 28 of the Land Acquisition Act (hereinafter referred to as “the Act” for short). 3. The short facts of the case are that for the construction of Kadana Left Bank High Level Main Canal under Sujalam Sufalam Project the lands located at Village Gamdi, Taluka Santrampur were to be acquired under the Act. The Notification under Section 4 of the Act was published on 24/3/2005. The Notification under Section 6 of the Act was published on 19/5/2005. Thereafter, the award was declared under Section 11 of the Act on 25/8/2005 and the Special Land Acquisition Officer awarded compensation at Rs.70,000/- per hectare (Rs.7/- per sq.mtr.) for Jarayat land and Rs.87,500/- per hectare (Rs.8.75/- per sq.mtr.) for Kyari land, plus statutory benefits. As the original land owners/claimants were not satisfied with the compensation, they raised the dispute under Section 18 of the Act and demanded compensation at Rs.300/- per sq.mtr. Such disputes were referred to the Reference Court for adjudication. The Reference Court, at the conclusion of the Reference, passed the above referred judgment and award. Under these circumstances, the present First Appeals before this Court. 4. Today when the present First Appeals are taken up for further hearing / final hearing, it is reported that against the very common Judgment and Award passed by the learned Reference Court with respect to the lands acquired for the very village Gamdi and the lands acquired for the very project and for which the Notification under section 4 of the Act was published on 24/3/2005, the Division Bench of this Court vide judgment and order dated 17/07/2013 has confirmed the Judgment and Award awarding additional compensation at the rate of Rs.171/- per sq.mtr. 5. 5. It is submitted that, as such, the present First Appeals are left out First Appeals and considering the judgment and order passed by the Division Bench of this Court dated 17/07/2013 passed in First Appeal No. 3623 of 2012 and other allied First Appeals, by which the Judgment and Award passed by the Reference Court awarding additional compensation at the rate of Rs.171/- per sq.mtr. with all consequential benefits available under the provisions of the Land Acquisition Act, with respect to the lands acquired of the very village and acquired for the very purpose and even the Notification under section 4 of the Act was also published on the same day on which the present lands are acquired i.e. 24/3/2005, has been confirmed by the Division Bench of this Court and said judgment and order is reported to have attained finality, present First Appeals preferred by the appellants herein also deserve to be dismissed. 6. In view of the above and for the reasons stated in the judgment and order passed by the Division Bench of this Court dated 17/07/2013 passed in First Appeal No.3623 of 2012 and other allied First Appeals, present First Appeals deserve to be dismissed and are accordingly dismissed. In the facts and circumstances of the case, there shall be no order as to costs.