SPECIAL LAND ACQUISITION OFFICER Vs. KESHAVLAL DAHYABHAI

JUDGEMENT

(1.) THE present First Appeal has been filed by the Appellants under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure being aggrieved with the impugned judgment and award of the Reference Court, i.e. learned Principal Senior Civil Judge, Gandhinagar in LAR No.774 of 1998 dated 25.9.2008 on the grounds set out in the memo of Appeal inter alia that the Reference Court has erred in awarding additional compensation without appreciating the quality or the fertility of the land acquired as well as development of the area. It is also contended that the Reference Court has not assigned any cogent and convincing reason while deciding the market price prevailing at the time of issuance of notification under Section 4 of the Act. Learned AGP has also submitted that the addition of 10% is on higher side and therefore the present Appeal Appeal may be Admitted.

(2.) LEARNED Advocate Mr. Yatin Soni for the Respondent has submitted that in another village near Chiloda, this court has passed an order while deciding First Appeal No.42 of 2012 declining to interfere with the order of the Reference Court. LEARNED Advocate Mr. Soni therefore submitted that therefore the order is just and proper.

(3.) THEREFORE, considering the previous judgment and taking the amount at Rs.168/- the further addition of 8% per year would come to Rs.235, less Rs.3/-, i.e. Rs.232/- . THEREFORE, the amount of total compensation should be taken at Rs.232/- per sq. meter instead of Rs.252/- as per the award of the Reference Court.