STATE OF GUJARAT Vs. URMILABEN CHHATRASINH NAHARSINH

JUDGEMENT

(1.) The fountain source leading to this group of three appeals under section 54 of the Land Acquisition Act, 1894 (Act) is, the notification under section 4(1), dated 12.11.89 under the Act for acquisition of the lands of village Agawada, Tal: Dahod, Dist: Panchmahal, by virtue of which, the lands of respondents, original claimants, came to be acquired for the purpose of Agawada Irrigation Tank Project (Project), which was followed by notification under section 6(1). The Special Land Acquisition Officer by passing award under section 11 of the Act, dated 9.6.1992, considered and offered price of acquired lands at the rate of Rs.6000 per hector (Rs.0.60 per sq. mtr.) as market value for Jarayat Land and Rs.100 per hector for kharaba land. The claimants, having not accepted the award under section 11, desired for reference under section 18 of the Act. Therefore, reference were made to the District Court, Panchmahal at Godhra. The reference Court, upon consideration of all the facts and circumstances and the evidence, passed award on 28.9.2000, whereby the Court allowed all the three references, partly, and fixed the market price of the acquired land at Rs.12 per sq. mtr. and also the statutory benefits and entitlements under the Act. The State of Gujarat and the officers in charge of the acquisition have filed this group of three appeals, challenging the legality and validity of the award under section 18 of the Reference Court. We have heard the learned advocates appearing for the parties. We have, also, dispassionately, examined the entire record. We have, also, considered the relevant proposition of law.

(2.) The learned AGP, Mr.Kogje, on behalf of the appellant, has, forcefully, contended that the reference Court had committed serious error in placing reliance on sale instances which are, as such, not comparable as they are private transactions and for small parcels of and. He has, also, placed reliance on two decisions of this Court to which reference will be made by us, hereinafter, as and when required at an appropriate stage.

(3.) Learned advocates appearing for the original claimants-respondents before us, has supported the impugned awards and the determination of the market value by the reference Court. We have gone through the entire documentary evidence on which both the sides have relied on. It may be mentioned at this stage, that the appeals were remanded to the reference court for fresh consideration and thereafter the reference Court has considered the evidence, again, led by the parties and has fixed the market value at Rs.12 per sq. mtr. in respect of the lands acquired.