SPECIAL LAND ACQUISITION OFFICER Vs. PATEL MOHANBHAI GORDHANBHAI

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 judgment and award passed by the Reference Court (learned Principal Senior Civil judge, Bharuch) in Land Reference Case Nos. 659 of 2001 to 670 of 2001 (main L.A.R. No. 659/2001) dated 27.3.2009.

(2.) HEARD learned AGP Mr. Banaji for the appellants-State and learned advocate Mr. KM Sheth for the respondents-claimants.

(3.) LEARNED AGP Mr. Banaji has made the submission that the Reference Court has failed to appreciate the material and evidence on record. He submitted that it has failed to appreciate that the land Acquisition Officer has made the award after taking into consideration all relevant aspects and therefore when comparable sale instances of the near vicinity are available on record, the same was required to be taken into consideration. He therefore submitted that the judgment and award is erroneous and requires to be set aside.