JUDGMENT
Ravi R. Tripathi, J.
1. The present First Appeals are filed by O.N.G.C. Ltd. challenging the common judgement delivered in Land Acquisition Reference Nos. 1527/1995, 1528/1995 and 1535/1995 by the learned Extra Assistant Judge, Mehsana on 11th September, 2000.
2. Short facts of the case are that notification under Section 4 of the Land Acquisition Act, 1894 was issued on 15th February, 1993 and Notification under Section 7 was issued on 16th October, 1993. The Special Land Acquisition Officer awarded a sum of Rs. 2.40 ps. per sq. mtr. by his award dated 6th October, 1994. The landholders, being aggrieved of the same, filed the above referred Land Reference Cases, which came to be decided by the learned Extra Assistant Judge, Mehsana as a Reference Court by its judgement and award dated 11th September, 2000, by holding that,
“…… ….. ….. But, if we go to purchase a handkerchief in the open market, we are to spent minimum Rs. 14=00 as against that claimants have lost their valuable piece of land which is only earning instrument, which also maintaining family according to their living standard. It would be proper to allow the claimants to sign Rs. 14=00 per sq. mtr. including amount of award which is accepted by them. ….. …. …….”
3. Heard the learned advocates for the parties. Perused the papers. Except the aforesaid reasoning, the learned Judge has not assigned any reason for awarding Rs. 14=00 per sq. mtr.. In fact, the learned Judge has recorded that either of the parties have not produced any evidence before the Court. After the matter was heard for some time, a consensus is arrived at between the parties that it will be in the interest of justice if the present judgement and award is quashed and set aside and the matters are remanded to the Reference Court for being decided de novo after affording reasonable opportunity to both the sides.
4. In the result, the common judgement and award dated 11th September, 2000 of the learned Extra Assistant Judge, Mehsana in Land Acquisition References Nos. 1527, 1528 and 1535 of 1995 is hereby quashed and set aside. The matters are remanded to the Reference Court to be decided afresh after giving an opportunity to both the parties. As the notification under Section 4 is that of the year 1993, it is directed that the Reference Court shall give due priority to these matters and shall decide the same as expeditiously as possible, but not later than 31st October, 2002. Direct service is permitted.
The First Appeals are accordingly disposed of with no Order as to costs.
5. In view of the disposal of the main First Appeals, Civil Application Nos. 2810 to 2812 of 2002, Civil Application Nos. 1064 to 1066 of 2001 and Civil Application Nos. 10937 to 10939 of 2001 do not survive and the same are disposed of. Rule and Notice issued in the respective Civil Applications are discharged.