LAWS(GJH)-2011-8-72

SPL LAQ OFFICER Vs. VISHNUBHAI SHANKARBHAI PATEL

Decided On August 24, 2011
SPL.LAQ OFFICER Appellant
V/S
VISHNUBHAI SHANKARBHAI PATEL Respondents

JUDGEMENT

(1.) AS all the appeals arise from the common judgement and award passed by the Reference Court, they are being simultaneously considered by this common order.

(2.) ALL the appeals arise against the judgement and award passed by the Reference Court dated 1.5.2003 in Land Reference Cases No.174 of 2002 to 177 of 2002, whereby the Reference Court has awarded compensation at Rs.80/- per sq. mtrs., plus statutory benefits of solatium, increase in market value and interest as per the provisions of the Act.

(3.) THE perusal of the impugned judgement and award of the Reference Court shows that the Reference Court, for the purpose of assessing the market value of the lands, has mainly relied upon the judgement at Exh. 18 delivered by the Reference Court in Land Reference Cases No.223 of 2000 and others for acquisition of the lands for the similar road project at Village Mahijada, which is just adjacent to Village Timba. THE relevant discussions are available at paragraph 11 of the judgement of the Reference Court. In the said case for acquisition of the lands at Village Mahijada, compensation awarded was at Rs.80/- per sq. mtrs., by the Reference Court. THE reliance was placed in the said matter upon another decision of the Reference Court, which came to be confirmed by the this Court.