SPL LAND ACQ. OFFICER Vs. LAXMANSINH ARJUNSINH

JUDGEMENT

(1.) THE present appeals have been filed under Section 54 of the Land Acquisition Act, 1894 r/w. Section 96 of the Civil Procedure Code challenging the judgment and award passed by the Reference Court (5th Additional Senior Civil Judge, Bharuch) dated 17.06.2010 in Land Reference Case Nos.1207/1998 to 1218/2010 (main Land Reference Case No.1207/2010) on the grounds stated in the memo of first appeals.

(2.) HEARD learned AGP Mr.P. P. Banaji for the appellants and learned advocate Mr.M. M. Saiyed for the respondent.

(3.) LEARNED AGP Mr.P. P. Banaji has tried to submit that the claimants have failed in discharging burden of proof with regard to the yield of the land as well as the fact that it is similarly situated like other lands. He submitted that the Reference Court has discussed with regard to Village : Vachhnar and subsequently the Reference Court has made a reference to the acquisition of the land of Village : Sudi relying on the award passed in case of land acquired at Ex.42, and has made award in respect of the land in question of Village : Vachhnar. He has referred to the papers and discussions made in the impugned judgment and award and submitted that the enhancement made, is not justified, considering the fact that Village : Sudi is adjacent to road whereas the land in question of Village : Vachhnar is interior and it is not developed. Therefore, considering the potentiality of the development also, the enhancement should not be made to the tune of Rs.60 per square meter which is on higher side.