STATE OF GUJARAT Vs. MOHANBHAI VAJIRBHAI PARMAR

JUDGEMENT

(1.) THE present appeals are filed under section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against common judgment and award passed under section 18 of the Act by learned Assistant Judge, Amreli dated 27.04.1998 in Land Reference Case Nos.33/1997 to 35/1997. THE lands situated at village Giriya, Tal. & Dist. Amreli have been acquired for the public purpose of THEbi Irrigation Project by the State of Gujarat. THE notification, as contemplated under section 4 of the Act, was published on 14.04.1995 and section 6 notification was published on 28.09.1995. THE Land Acquisition Officer, after following the procedure as contemplated under the Act, made and declared award under section 11(1) of the Act on 13.01.1997. THE Land Acquisition Officer under the said award, after considering the sale instances and evidence adduced before him awarded compensation of Rs.12/sq.mtr. for irrigated lands and Rs.8/sq.mtr. for non-irrigated lands. As the original claimants were dissatisfied with the award, they raised the disputes as contemplated under section 18 of the Act, which were referred by the Land Acquisition Officer to District Court, Amreli and the same came to be registered as Land Reference Case Nos.33/1997 to 35/1997. THE Reference Court passed an order of consolidation of all the references, considering Land Reference Case No.33/1997 as main reference. THE Reference Court, after hearing the parties concerned, vide judgment and award dated 27.04.1998 allowed the said references and ordered to pay additional compensation of Rs.400/sq.mtr. in First Appeal No.4535 of 1998 (arising out of Land Reference Case No.33/1997), First Appeal No.4536 of 1998 (arising out of Land Reference Case No.34/1997) and First Appeal No.4537 of 1998 (arising out of Land Reference Case No.35/1997) to the claimants of all the references. Being aggrieved by the same, the present appeals are preferred.

(2.) THE relevant factual aspect relating to the aforesaid land references are enumerated as under: Sr. No. Land Ref. Case No. Survey No. of Land acquired Village Status of land 01. 33/97 99 Giriya Agricultural 02. 34/97 90/1 Giriya Agricultural 03. 35/97 90/2 Giriya Agricultural

(3.) AS against this, learned counsel Mr.Bhatt appearing on behalf of the respondents-original claimants pointed out that as per the judgment of Apex Court in the case of Deputy Collector, Land Acquisition, Gujarat & Anr. (supra), the Apex Court has considered the geographical location of the lands under acquisition. It was further submitted that the Apex Court has, while dividing the lands under acquisition in three groups, has held in Paragraph Nos.4 and 5 that the lands which fall within Western side of River Thebi fall within Group-I, whereas lands which are situated in Eastern side of River Thebi i.e. of Village Giriya would fall within Group-II and lands of Amreli which are in the developed area would fall within Group-III. It was, therefore, submitted that the lands in question of the original claimants would fall under Group-II, as per the aforesaid judgment of the Apex Court. We have examined the record and proceedings.