LAWS(GJH)-2020-1-193

BHADABHAI JASMATBHAI Vs. STATE OF GUJARAT

Decided On January 20, 2020
Bhadabhai Jasmatbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of rule on behalf of the respondents. With the consent of learned advocates appearing for the respective parties, the present petition is taken up for final hearing today itself.

(2.) By way of the present petition, the petitioner has challenged order dated 27.4.2015 passed by the learned Principal Senior Civil Judge, Junagadh (hereinafter referred to as 'the Reference Court') below the application for payment of TDS amount preferred in Land Reference Case No.1653 of 1999 and prayed to direct the Reference Court to disburse the excess amount of TDS.

(3.) The short facts of the case are that the land belongs to the petitioner came to be acquired by the respondent authorities under the provisions of the Land Acquisition Act, 1894. Thereafter, award was passed by the Special Land Acquisition Officer. Being aggrieved with the said award, the petitioner preferred Land Reference Case No.1653 of 1999 before the Reference Court for additional amount of compensation. The Reference Court vide award dated 8.3.2010 partly allowed additional amount of compensation @ Rs.35 per Sq. Mtr. for the irrigated land and Rs.31 per Sq. Mtr. for the non-irrigated land.