DY COLLECTOR LAND ACQUISITION Vs. MADHUBAI GOBARBHAI
LAWS(SC)-2009-7-99
SUPREME COURT OF INDIA
Decided on July 29,2009

COLLECTOR, LAND ACQUISITION, GUJARAT Appellant
VERSUS
MADHUBAI GOBARBHAI Respondents

JUDGEMENT

S.B. SINHA, J. - (1.) THESE appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(2.) THE State of Gujarat issued diverse notifications for acquisition of a huge tract of lands for construction of a dam over a river known as 'THEbi'. THE lands sought to be acquired were spread over in three villages, namely, Amreli, Baxipur and Giriya. Whereas villages Amreli and Baxipur are situated on the western side of river and within the municipal limit of the town of Amerli; village Giriya is on the eastern bank thereof and outside the municipal limit of the said town Amreli. Amreli is the headquarters of the District Amreli. It is a well developed town. A National Highway known as "Amreli - Chittal Road" passes through the town of Amreli. The residents of the town enjoy the facilities of transportation, hospitals, schools, colleges, telephone, etc. It is, however, admitted that the entire development has taken place on the eastern bank of the river and not on the western bank. The villages situate on the western bank, however, admittedly are wholly undeveloped. The lands under acquisition are agricultural lands. The land upon acquisition were to be submerged under water.
(3.) THE Land Acquisition Officer made three different awards for three different villages. For agricultural lands situate in village Baxipur, which are the subject matters of judgment and order dated 23.02.1998 passed in F.A. No. 3119/1997 and F.A. No. 3120/1997 and judgment and order dated 4.5.1999 passed in F.A. Nos. 6184-6203/1995 and other connected appeals, compensation was awarded at the rate of Rs.75/- per square meter.;


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