SPECIAL LAND ACQUISITION OFFICER Vs. MAGANBHAI ISHWARBHAI

JUDGEMENT

(1.) THE present First Appeal under Section 54 of the Land Acquisition Act has been preferred by the appellant-original opponent-Special Land Acquisition Officer challenging the impugned judgment and award passed by the learned Joint District Judge, Surat (the Reference Court) in Land Reference Case No. 60/1983 awarding compensation for the acquired land at the rate of Rs. 15 per sq meter.

(2.) AT the outset, it is required to be noted that there was common judgment and award passed by the learned Reference Court in Land Reference Case Nos. 53/1983 to 66/1983, 68/1983, 70/1983, 72/1983 to 74/1983 and against the common judgment and award the very appellant-original opponent preferred First Appeal No. 1296/1988 and allied matters (inclusive of present First Appeal No. 1303/1988). It is reported that by the common judgment and award dated 11/04/2008 the learned Single Judge has already dismissed First Appeal No. 1296/1988 and allied matters (except First Appeal No. 1303/1988) and has confirmed the impugned judgment and award passed by the learned Reference Court. It appears that for some reason or the other the present First Appeal came to be separated and, therefore, the same could not be heard and disposed of alongwith the aforesaid First Appeals. In view of the common judgment and order passed by the learned Single Judge (Coram:- K.S. Jhaveri, J.) dated 11/04/2008 in First Appeal No. 1296/1988 and allied matters, the present First Appeal arising out of the very common judgment and award deserves to be dismissed. This Court considered the judgment and order passed by the learned Single Judge in the aforesaid Appeals and this Court is in complete agreement with the reasoning given by the learned Single Judge while dismissing the aforesaid First Appeals.