LAWS(GJH)-2012-10-291

STATE OF GUJARAT, THROUGH DEPUTY SECRETARY, NARMADA WRWS Vs. PATEL HIRABEN WD/O. ISHWARBHAI SINCE DECEASED

Decided On October 17, 2012
State Of Gujarat, Through Deputy Secretary, Narmada Wrws Appellant
V/S
Patel Hiraben Wd/O. Ishwarbhai Since Deceased Respondents

JUDGEMENT

(1.) Admit. Mr.Tejas Satta, learned advocate waives service of admission on behalf of the respondent original claimants. It is submitted by Mr.Satta, learned advocate for the respondents that other group of matters relating to same village has been disposed of by this Court vide order dated 27.07.2011 in First Appeal No.2193 of 2011 and allied matters. He has produced copy of the order dated 27.07.2011 which is ordered to be taken on record.

(2.) The present appeal has been preferred by the State of Gujarat against the common Judgment dated 25.01.2010 passed by the learned 3rd Joint District Judge, Mehsana in Land Reference Case Nos. 802/03, 804/03 and 805/03 whereby the References preferred by the claimants were partly allowed by granting compensation @ Rs. 384/per sq. meter.

(3.) The Division Bench of this Court vide judgement and order dated 02.07.2007 in First Appeal Nos. 2147 of 2004 to First Appeal No. 2249 of 2004 upheld the award of the Reference Court relating to the construction of (Sipu) Dharoi Canal Project. In the present appeal, the issue is related to the same project. The judgement and order dated 02.07.2007 passed in First Appeal No. 2147 of 2004 to First Appeal No. 2249 of 2004 is reproduced as under: