STATE OF GUJARAT Vs. VRAJLAL NARSIBHAI

JUDGEMENT

(1.) AS all the appeals arise from the common judgment and award of the Reference Court, they are being considered by this common judgment.

(2.) THE present appeals arise against common judgment and award passed by Reference Court dated 30.09.2004 in Land Reference Case No. 1366 of 1999, whereby total compensation awarded by the Reference Court is @ Rs.46.60 ps per sq.mtr. (gross) for the irrigated land and total compensation of Rs. 37.28 ps. (gross) per sq.mtr. for non-irrigated land plus statutory benefit of increase in the market value, solatium and interest.

(3.) PERUSAL of the judgment of the Reference Court shows that the relevant reasonings for the purpose of assessment of the market value are based on yield method and it appears that the Reference Court has relied upon the evidence of Mr. M.M.Patel, Ex. Agriculture Officer, who was examined as witness and the other two witnesses at Exhibit 243 and Exhibit 242 for the purpose of sale and the price of the agricultural commodity. Based on the same, thereafter, the Reference Court has assessed the market value of the land at Rs. 46.60 ps. per sq.mtr. for irrigated land and Rs. 37.28 ps. for non irrigated land.