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FA/2418/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2418 of 2010
To
FIRST
APPEAL No. 2423 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI Sd/-
=========================================================
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 ?
1
Yes, 2 to 5 -
No
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 2 - Appellant(s)
Versus
BHUPENDRABHAI
JESANGBHAI PATEL - Defendant(s)
=========================================================
Appearance :
GOVERNMENT
PLEADER for
Appellant(s) : 1 - 3.
None for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 15/11/2010
ORAL
JUDGMENT
By
way of this appeal, the State has challenged the judgment and order
of learned Additional District Judge, Fast Track Court No.2, Bharuch
wherein the claim of the appellant was partly allowed.
The
facts in brief giving rise to this appeal are as under :-
It
is the case of the appellant that the land of the original claimant
situated at village Mota Saladara, Tal. Vagra, Dist. Bharuch was
acquired for the purpose of construction of Saykha Canal under the
Narmada Project. The Notification under Section 4 of Land
Acquisition Act 1894 was published on 22.11.90 whereas Section 6
Notification was published on 27.01.1991. After following due
procedure on 16.07.1993, the Special Land Acquisition Officer
declared his award under Section 11 of the Land Acquisition Act and
awarded compensation @ Rs.1.80 per sq. mt.
The
original claimant being aggrieved by the aforesaid award of the
Special Land Acquisition Officer preferred Reference under Section
18 of the Land Acquisition Act. The said reference was heard by the
Court of the learned Additional District Judge, Fast Track Court
No.2, Bharuch who vide the judgment and award dated 19.3.2009
awarded additional compensation @ Rs.21.20 per sq. mt., for the
acquired land.
The
State being aggrieved by the aforesaid judgment and award dated
19.03.2009 passed by the Court of the learned Additional District
Judge, Fast Track Court No.2, Bharuch has preferred this appeal.
From
the above narration of facts and looking to the judgment and award
passed by the reference Court, I find that the reference Court has
based its findings by relying upon judgment and award passed in
another reference Case being Land Reference Case No.381/1998. In
the said Reference Case, an increase of 10% had been awarded.
Considering the facts of the present case, I am of the view that
reliance placed upon the said reference case by the Court below is
just and proper. While doing so, I do not find that the reference
Court has committed any illegality or impropriety while awarding the
amount in question and hence, I see no reasons to interfere with the
same.
In
view of the above, the appeal is devoid of merits and hence is
dismissed.
Sd/-
(K.S.
Jhaveri, J.)
Caroline
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