STATE OF GUJARAT Vs. DEEPSING MANGALIYABHAI CHAUHAN
LAWS(GJH)-2011-3-99
HIGH COURT OF GUJARAT
Decided on March 14,2011

STATE OF GUJARAT Appellant
VERSUS
DEEPSING MANGALIYABHAI CHAUHAN Respondents

JUDGEMENT

- (1.)When the Civil Application for fixing early date of hearing of these First Appeals, is taken up for hearing, with the consent of the learned counsel appearing for both the sides, the appeals are taken up for final hearing.
(2.)As all the appeals arise from the common judgment and award passed by the Reference Court, they are being considered by this common judgment.
(3.)The short facts of the case are that for the project of Adalwada Irrigation Scheme, the land at village Dudhamani, Taluka Dhanpur was acquired under the Land Acquisition Act (hereinafter referred to as "the Act"). The notification under sec. 4 of the Act was published on 4.3.2004, whereas, the notification under sec. 6 of the Act was published on 27.5.2004. The award was passed on 15.1.2005 by the Special Land Acquisition Officer and the compensation was awarded. However, as the said compensation was not satisfactory to the original land owners, they raised dispute under sec. 18 of the Act, which came to be referred to the Reference Court for adjudication. The Reference Court, after hearing both the sides, awarded the compensation at Rs. 35/- per sq. mtrs. plus statutory benefits of solatium and increase of price as per Section 23(1-A) of the Act and the interest as per the statutory requirement. It is under these circumstances, the present appeals before this Court.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.