STATE OF GUJARAT Vs. THAKARANI SAHEBSHREE HIMATKUNVARBA PRAVINSINHJI

JUDGEMENT

(1.) This appeal filed by the State through the Land Acquisition Officer challenges an award dated 16.7.1998 passed by the Reference Court i.e. Assistant Judge, Sabarkantha, Himmatnagar in Land Reference Case No. 372/ 1992.

(2.) Briefly stated facts are as follows :

(3.) Having heard learned AGP for the State and learned Counsel Shri. Jani for the respondent claimant, from the record, we notice that only comparable instance available on record was in case of the acquisition of agricultural land of village Satarda. Learned Judge rightly discarded any reference to alleged private sale transaction before the acquisition since no evidence in this respect was produced by the claimants. Equally the learned Judge was justified in not basing any reliance on acquisition of Satarda land for which judgement of Reference court was produced at Exh. 24. Such reference pertained to acquisition of non agricultural land and further that section 4 notification therein was published as far back as in 1981. In that view of the matter the sole available instance of comparable case on record was acquisition of agricultural land of village Satarda by notification issued on the very same day as in the present case.