GUJARAT MINERAL DEVELOPMENT CORPORATION LTD Vs. GAMUBHAI MADHUBHA SODHA
LAWS(GJH)-2016-7-168
HIGH COURT OF GUJARAT
Decided on July 05,2016

GUJARAT MINERAL DEVELOPMENT CORPORATION LTD Appellant
VERSUS
Gamubhai Madhubha Sodha Respondents

JUDGEMENT

M.R.SHAH, J. - (1.) As common question of law and facts arise in this group of appeals and cross objections, they are disposed of by this common judgment and order. First Appeal Nos.1436/2015 to 1470/2015
(2.) Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned 3rd Additional Senior Civil Judge, Kutch, at Bhuj (hereinafter referred to as "Reference Court") in Land Reference Case No.1/2004 and Land Reference Case Nos.11/2007 to 44/2007 by which the learned Reference Court has partly allowed the said references and has awarded the compensation for the lands acquired of the village Lifari, Taluka Nakhatrana at the rate of Rs.24 per sq. meter with all other statutory benefits which may be available under the Land Acquisition Act, the acquiring body ­ Gujarat Mineral Development Corporation Ltd. (hereinafter referred to as "acquiring body") has preferred the First Appeals Nos.1436/2015 to 1470/2015. Cross Objection Nos.37/2016 to 65/2016 [2.1] Feeling aggrieved and dissatisfied with the very impugned common judgment and award, the original claimants have also preferred Cross Objection Nos.37/2016 to 65/2016 requesting to enhance the amount of compensation awarded by the learned Reference Court. First Appeal Nos.1795/2015 to 1810/2015 [2.2] Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court in Land Reference Case Nos.10/2010 to 25/2010 by which the learned Reference Court has partly allowed the said references awarding the compensation for the lands acquired of the village Dedrani, Taluka Lakhpat at the rate of Rs.39 per sq. meter with all other statutory benefits which may be available to the original claimants under the Land Acquisition Act, the acquiring body has preferred the First Appeals Nos.1795/2015 to 1810/2015. First Appeal Nos.1436/2015 to 1470/2015
(3.) That the land situated at village Lifari, Taluka Nakhatrana came to be acquired under the Land Acquisition Act (hereinafter referred to as "Act") for the public purpose ­ GMDC for excavation of lignite etc. That the notification under Section 4 of the Act came to be issued on 25.05.1998. The notification Section 6 of the Act came to be issued on 10.06.1999. That thereafter the Special Land Acquisition Officer declared the award under Section 11 of the Act determining and awarding the compensation at the rate of Rs.0.33 paise per sq. meter. The claimants were not satisfied with the amount of compensation awarded by the learned Special Land Acquisition Officer and therefore, at their instance references were made to the District Court, Kutch which were registered as Land Reference Case Nos.1/2000 to 35/2000. Thereafter, the aforesaid land references were transferred to the Court of learned Reference Court which were renumbered as Land Reference Case Nos.1/2004 and Land Reference Case Nos.11/2007 to 44/2007. [3.1] That relying upon the consent award between the land owner and GMDC passed in Land Reference Case No.5/2011 with respect to the lands acquired of adjacent village i.e. Mata Na Madh and for which the notification under section 4 of the Act was issued on 20.11.1998 and relying upon the decision of the Division Bench of this Court in First Appeal No.4238/2007 and other allied First Appeals with respect to the lands acquired of village Akri Mota, Dhareshi, Fulra and Khanot, by common impugned judgment and award the learned Reference Court has partly allowed the said references and determined the compensation at the rate of Rs.24 per sq. meter. [3.2] Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court in Land Reference Case Nos.1/2004 and Land Reference Case Nos.11/2007 to 44/2007 awarding compensation at the rate of Rs.24 per sq. meter with respect to the lands acquired by village Lifari, Taluka Nakhatrana for which notification under Section 4 of the Act was issued on 25.05.1998, the acquiring body has preferred the First Appeal Nos.1436/2015 to 1470/2015. As observed hereinabove, the original claimants have also preferred the Cross Objections requesting to enhance the amount of compensation. First Appeal Nos.1795/2015 to 1810/2015 ;


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