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FA/1303/1988 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1303 of 1988
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
SPECIAL
LAND ACQUISITION OFFICER - Appellant(s)
Versus
MAGANBHAI
ISHWARBHAI & 1 - Defendant(s)
=========================================
Appearance :
MR
NEERAJ SONI, AGP for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) : 1 - 2,2.2.2
MR
HM JADEJA for Defendant(s) : 1 - 2,2.2.2
(MR BJ JADEJA) for
Defendant(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/01/2011
ORAL
JUDGMENT
1. The
present First Appeal under Section 54 of the Land Acquisition Act has
been preferred by the appellant-original opponent-Special Land
Acquisition Officer challenging the impugned judgment and award
passed by the learned Joint District Judge, Surat (the Reference
Court) in Land Reference Case No. 60/1983 awarding compensation for
the acquired land at the rate of Rs. 15 per sq meter.
2. At
the outset, it is required to be noted that there was common judgment
and award passed by the learned Reference Court in Land Reference
Case Nos. 53/1983 to 66/1983, 68/1983, 70/1983, 72/1983 to 74/1983
and against the common judgment and award the very appellant-original
opponent preferred First Appeal No. 1296/1988 and allied matters
(inclusive of present First Appeal No. 1303/1988). It is reported
that by the common judgment and award dated 11/04/2008 the learned
Single Judge has already dismissed First Appeal No. 1296/1988 and
allied matters (except First Appeal No. 1303/1988) and has confirmed
the impugned judgment and award passed by the learned Reference
Court. It appears that for some reason or the other the present
First Appeal came to be separated and, therefore, the same could not
be heard and disposed of alongwith the aforesaid First Appeals. In
view of the common judgment and order passed by the learned Single
Judge (Coram:- K.S. Jhaveri, J.) dated 11/04/2008 in First Appeal No.
1296/1988 and allied matters, the present First Appeal arising out of
the very common judgment and award deserves to be dismissed. This
Court considered the judgment and order passed by the learned Single
Judge in the aforesaid Appeals and this Court is in complete
agreement with the reasoning given by the learned Single Judge while
dismissing the aforesaid First Appeals.
3. In
view of the above and for the reasons stated in the judgment and
order passed by the learned Single Judge of this Court dated
11/04/2008 in First Appeal No. 1296/1988 and allied matters, the
present First Appeal deserves to be dismissed and is accordingly
dismissed. Notice discharged. No cost.
(M.R.
SHAH, J.)
siji
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