LOHANI ISABKHAN AHMEDKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present First Appeals have been preferred by the appellant-original claimants being aggrieved and dissatisfied with the impugned judgment and award rendered in Land Reference Cases No.21 to 41 of 2003 (Main Land Acquisition Case No.32/2003) on the grounds mentioned in the memo of appeal inter alia that the Court below has erred in relying upon the award passed by the Land Acquisition Officer under Section 11 of the Land Acquisition Act dated 25.11.2002. It is contended that the Court below has erred in awarding Rs.16/- per Sq.Mtrs. though the market price is Rs.50/-. It is, therefore, contended that the Court below has failed to appreciate the material and evidence on record. It is also contended that the Court below has failed to appreciate that the price list of the food grains given by the Agricultural Produce Market Committee, Palanpur, where the food grains were sold by the appellant-original claimants has not been taken into consideration. It is contended that the Court below ought to have considered the fertility and productivity of the land and on that basis, the compensation ought to have been considered on the ground that the agricultural land, which has been acquired, was fertile land and it had the potentiality and yield, which is relevant for the purpose of deciding the value of the land.

(2.) HEARD learned counsel, Mr.Chetan Pandya for the appellant-original claimant and learned AGP Mr.Ronak Raval for the respondents.

(3.) IN view of these rival submissions, it is required to be considered whether the impugned award of the Reference Court calls for any interference or not.