GENERAL MANAGER Vs. PATEL TRIBHOVANBHAI BABALDAS

JUDGEMENT

(1.) Both these appeals arise out of common judgment and award dated 19.10.2005 rendered by learned Principal Senior Civil Judge, Mehsana in Land Acquisition Reference Case Nos. 5830 of 2003 to 5834 of 2003 under Section 35 of the Land Acquisition Act ("the Act" for short). The Reference Court determined the compensation on the basis of the price of the land under temporary acquisition per Square Meter ranging from Rs. 3 per Square Meter to Rs. 15 per Square Meter. It further transpires that by common judgment and award five Land Acquisition Reference Cases came to be disposed of by the Reference Court, for which First Appeal No. 2606 of 2006 filed against Land Acquisition Reference Case No. 5832 of 2003 and First Appeal No. 2607 of 2006 filed against Land Acquisition Reference Case No. 5833 of 2003.

(2.) Heard Ms. K. J. Brahmbhatt, learned Counsel for the Appellant and Ms. Sachi Mathur, learned AGP for the Respondent No. 2 - State. Though served, none appears on behalf of the Respondent No. 1.

(3.) Ms. K. J. Brahmbhatt, learned Counsel for the Appellant has submitted that in the same group of matters namely Land Acquisition Reference Case Nos. 5830 of 2003 and 5834 of 2003, appeals came to be preferred before this Court bearing First Appeal No. 2604 of 2006 and First Appeal No. 2608 of 2003. It is submitted that both these appeals arising from the common impugned judgment and award came to be allowed by this Court vide judgment and order dated 09.12.2010. The copy of th said decision dated 09.12.2010 is presented for ready reference. Reliance is also placed in the case of O.N.G.C. v. Shankarji Hemaji, 2008 2 GLR 1226 , wherein this Court has laid down the relevant factors as well as scope of power of Reference Court under Section 35 of the Act. Relying upon the above referred decision, it is submitted that in the instant appeals also, the same observations, which were made by this Court in the judgment and order dated 09.12.2010 in the allied two appeals may apply in the present appeals and both these appeals deserve to be allowed and the impugned judgment and award dated 19.10.2005 be quashed and set aside.