SPECIAL LAND ACQUISITION OFFICER Vs. THAKORBHAI DHULABHAI

JUDGEMENT

(1.) HEARD learned AGP Mr.P.P.Banaji for the appellants and learned advocate, Mr.K.M.Sheth for the respondents.

(2.) PRESENT appeals are filed by the State Government challenging the common judgment and award dated 21- 4-2010 passed by the learned 4 th Addl. Senior Civil Judge, Bharuch, in Land Reference Case Nos.103 to 104 of 2006 and 92 to 102 of 2006 whereby compensation @ Rs.59.85 per sq.mtr. was awarded to the claimants.

(3.) THE claimants examined Shri Vajsang Dhulabhai Gohil at Ex.19 qua LRC Nos.103 to 104 of 2006 while the claimants of LRC Nos.92 to 102 of 2006 examined Shri Kanaksinh Jaswantsinh Rana at Ex.26. They have deposed that when the claimants, whose lands situated in the Village Kadadara adjoining to the lands of Village Sambheti and having a common boundary acquired, and who were awarded lesser rate of compensation @ Rs.4.05 per sq.mtr. preferred references under Sec.18 of the Act, the Reference Court awarded Rs.37.05 per sq.mtr. in all in Land Reference Case (main) No.637 of 1999 which is produced at Ex.16 and Ex.23. It is further deposed that against the said judgments and awards, the Government has not preferred appeal before the Higher forum.