- (1.) All these matters are identical factually and legally and their arguments have also been advanced jointly, therefore, they are being disposed of by this common order.
(2.) Agriculture lands of these petitioners have been acquired by -the Land Acquisition Officer, PWD Circle I, Udaipur for Kankroli Bypass. Preliminary awards have also been issued in favour of these petitioners and amount of preliminary award has been withdrawn by these petitioners. Further, after complying with the acquisition proceedings, final award was passed subsequently. A notice under sub-section (2) of section 12 was given to these petitioners with regard to passing of the final award. Final award was challenged by these petitioners by way of a reference and a request was made to the Land Acquisition Officer to forward reference to the civil court. However, the Land Acquisition Officer by the impugned order, refused to make reference. Hence, these petitions.
(3.) Learned counsel for the non-petitioners while relying upon Apex Court pronouncement in State of Gujarat v. Dayan Shyamji Bhai, 1996(1) SCC 133 , submitted that where the owner has been paid compensation in terms of award, they are entitled to make reference.;