SPEICAL LAND ACQ OFFICER Vs. PATEL DASHRATHBHAI MANILAL

JUDGEMENT

(1.) THE present First Appeals have been filed under sec. 54 of the Land Acquisition Act, 1894 read with sec. 96 of the Civil Procedure Code, 1908 being aggrieved with the impugned judgment and award passed by the Reference Court (4th Addl. Sr. Civil Judge, Patan) in Land Reference Case Nos. 2317 to 2320 of 2006 (Main Land Reference Case No. 2320 of 2006) on the grounds stated in the memo of appeals.

(2.) IT is contended that the Reference Court has committed an error in appreciation of material and evidence and ought to have considered that the Special Land Acquisition Officer has awarded the amount after considering the potentiality and fertility of the lands in question. IT is also contended that the Reference Court ought to have examined the difference between the lands of two villages before awarding compensation in view of the observations made by the Honble Apex Court in a judgment reported in AIR 1999 SC 317, inter alia, that generally there would be a different situation and potentiality of the lands situated in different villages would vary unless it is proved that the situation and potentiality of the lands of two different villages are the same. IT is therefore contended that the Reference Court ought to have compared the nature of lands as well as the potentiality and fertility of the lands of both the villages i.e. village Khorsam and land village Tamboliya for the purpose of deciding the compensation.

(3.) ON the other hand, the acquisition of land of village Khorsam was subject-matter in LAR No. 773/2002 to 786/2002 by the District Judge who had awarded Rs. 45 per sq.mt. It is against this judgment and award, First Appeal Nos. 4636 of 2007 to 4649 of 2007 was preferred and this Court had awarded additional compensation of Rs. 26 per sq.mt and the judgment of the court in appeal is produced at exh. 44. He has therefore submitted that the acquisition of land of village Khorsam is subject to further litigation and the appeal is pending in this court and therefore the judgment of the Reference Court in case of the land of village Khorsam cannot be relied upon. He has therefore stated that the impugned judgment and award passed by the Reference Court is erroneous.