LAKHUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, the appellant has challenged the legality and validity of the impugned judgment and award dated 21st February 2006 rendered by the Additional Senior Civil Judge, Veraval, in Land Acquisition Reference No.57 of 1999 filed by the appellant, whereby the said Reference has been rejected.

(2.) THE facts in brief are that the competent authority under the Land Acquisition Act made a proposal for acquisition of the lands belonging to the appellant-original claimant. After following due procedure, the lands came to be acquired. Award came to be passed by the competent authority fixing the amount of compensation. However, being dissatisfied with the said award, the appellant-original claimant raised dispute, by way of a Reference. THE Reference Court rejected the same by way of the impugned award. Hence, present appeal.

(3.) HAVING considered the rival contentions raised by the learned advocates for the respective parties, averments made in the appeal memo and the documentary evidence produced on record as well as the impugned judgment and award, it transpires that the compensation has been awarded to the appellant by considering the land to be irrigated at the relevant point of time. It is also pertinent to note that the trees, well, fence, etc. which fall under the land in question, are to be considered as one unit only in respect of acquiring an irrigated land and it is treated to be included in the price of the land.