SPECIAL LAND ACQUISITION OFFICER Vs. VIJAYSINH KHUMANSINH MADHUBEN

JUDGEMENT

(1.) THE present First Appeals have been filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code challenging the judgment and award passed by the Reference Court (5th Additional Senior Civil Judge, Bharuch) dated 16.06.2010 in Land Reference Case Nos.445/2001 to 458/2001 (main Land Reference Case No.445/2001) on the grounds stated in the memo of first appeals.

(2.) LEARNED AGP Mr.Dave has tried to submit that the claimants have failed to discharge their burden with regard to the nature of the land, yield etc. It is also submitted that the Court below has committed an error in comparing two lands on the basis the previous award in case of Village : Sudi. It is, therefore, submitted that the enhancement should not be made to the tune of Rs.66.50 per sq.mtrs., which is on higher side.

(3.) AS it is evident from the material and evidence that the Reference Court has considered in detail with regard to the relevant aspects like nature of land, yield and/or prospect of development. The Reference Court has also taken into consideration the previous award in respect of the land of Village : Sudi and found that it is assessment to the land in question acquired in the present case of Village : Sudi, which is adjacent to the land in question, which cannot be said to be erroneous. It is well accepted that the previous award in respect of similar land or land, which is adjacent and situated nearby could also be considered as a guide for arriving at market value. Therefore, considering the facts and circumstances as well as rival submissions as also the impugned award, it cannot be said that the Court below has committed any error. Therefore, this Court is in complete agreement with the findings, reasonings and conclusion arrived at by the Reference Court, which does not call for any interference. Accordingly, the First Appeals deserve to be dismissed and accordingly stand dismissed.