LAWS(GJH)-2001-9-30

STATE OF GUJARAT Vs. SOLANKI BALVANTSINH SHANABHAI

Decided On September 26, 2001
STATE OF GUJARAT Appellant
V/S
SOLANKI BALVANTSINH SHANABHAI Respondents

JUDGEMENT

(1.) Admit. Learned Advocate Mr.Vijay N Raval appears for the respondents in all matters and waives service of process of admission.

(2.) The learned A.G.P. appearing in the matters contended that there is a limited challenge to the award made by the Special Land Acquisition Officer with regard to the determination of price. That award was based on the record produced before the Court vide exh. 19. The learned advocate for the respondents appearing in the matters submitted that the matters are required to be disposed of on this short point and no further points are to be urged and therefore we are disposing of the matters finally at this stage.

(3.) Notifications under Sec. 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published on 19.9.91. The agricultural lands situated at village Katol, Taluka : Kalol, District : Panchmahals were to be acquired. There is no dispute with regard to the procedure followed by the Land Acquisition Officer in accordance with law while acquiring the land and therefore the same is not required to be considered and referred save and except that the Land Acquisition Officer offered an amount of Rs.3.20ps. per sq.mtr. by way of compensation by an award dated 28.9.92. Against the award made by the Special Land Acquisition Officer, the claimants sought reference and the Reference Court, on appreciation of evidence and relying on the decision rendered in Land Reference Case no. 385/89 dated 4.5.00 produced on record vide exh. 19, determined the market price.