ADDITIONAL SPECIAL LAND ACQUISITION OFFICER & 2 Vs. ADMINISTRATOR OF LALJI MAHARAJ RATILAL CHHOTALAL

JUDGEMENT

(1.) THE present First Appeal has been filed by the appellants -State under sec. 54 of the Land Acquisition Act, 1894 read with sec. 96 of the Civil Procedure Code, 1908, being aggrieved with the judgment and award passed by the Reference Court (learned Addl. District Judge, Fast Track Court No. 2, Bharuch) in LAR Case No. 333/2005 dated 6.7.2009 on the grounds stated in the memo of appeal. Heard learned AGP Mr. Ronak Raval for the applicants and learned advocate Mr. KM Sheth for the respondent -original claimant.

(2.) LEARNED AGP Mr. Raval has submitted that the Reference Court has failed to appreciate the material and evidence on record and has also failed to consider the quality/nature of the land as well as the potential development. It is contended that the order passed by the Special Land Acquisition Officer is without any reason and has taken into consideration the market price. It is therefore contended that the relevant criteria/principles for valuation of the land has not been considered. He has submitted that five years' sale instances is required to be considered and the market value of the land acquired based on other comparable sale instances of the near vicinity has to be considered. Therefore, it is contended that the court below has erred in relying only on the previous award and determining the market price based on the previous award without considering other relevant aspects and also whether the land is comparable or not.

(3.) IN view of the rival submissions, it is required to be considered whether the present first appeal can be entertained or not.