LAWS(GJH)-2011-1-69

SPECIAL LAND ACQUISITION OFFICER Vs. HATHISANG CHHATRASANG

Decided On January 31, 2011
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
HATHISANG CHHATRASANG Respondents

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals as they arise out of common judgement and award passed by the Reference Court, they are being disposed of by this common order.

(2.) ALL these appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as ?the Act?) read with Section 96 of the Code of Civil Procedure, have been preferred by the appellants herein ? original opponents challenging the impugned judgement and award dated 30/08/2008 passed by learned 6th Additional Senior Civil Judge, Bharuch (Reference Court) in Land Acquisition Reference Case Nos.205/1999 to 215/1999, by which, learned Reference Court has partly allowed the said Reference Cases awarding additional compensation for acquired land at the rate of Rs.29/- per sq.mtr. along with all other consequential benefits available under the Land Acquisition Act.

(3.) MR.Neeraj Soni, learned Assistant Government Pleader has vehemently submitted that the learned Reference Court has materially erred in awarding compensation for the acquired land at the rate of Rs.29/- per sq.mtr. Additionally relying upon the previous judgment and award passed by the Reference Court in Reference Case No.1746/97 produced at Exh-33. It is submitted that as such no evidence was produced by claimants to establish and prove that the lands of both the Villages are similar.