SPECIAL LAND ACQUISITION OFFICER Vs. SAHEBKHAN KARIMKHAN MALEK

JUDGEMENT

(1.) THIS appeal was part of a group of Land Reference Cases being First Appeals No. 2665/2010 to 2669/2010 in case of Special LAQ Officer v. Jivabhai Sondabhai and ors. Such appeals namely, First Appeals No. 2665/2010 to 2669/2010 came to be disposed of by common judgement dated 16.1.2007. Due to certain factual differences in this case, this appeal was segregated. Learned AGP tenders on record copy of the impugned award passed by the District Court which was produced in the main appeal being First Appeal No.2665/2010.

(2.) THIS appeal is directed against an award dated 20.10.2004 passed by learned Civil Judge(SD), Surendranagar in Land Reference Case No.369/1997. Brief facts necessary for this appeal are as follows :

(3.) WE note that though the land under acquisition involved in case of Jivabhai Sondabhai and ors(supra) were all irrigated lands, Division Bench had worked out the compensation on the basis of yield method adopting only one crop per year. In that view of the matter, question arises is as to what extent in the present case should we, if at all, make any adjustment adopting the yield method.