STATE OF GUJARAT Vs. GOPALSINHJI PADAMSINHJI VAGHELA

JUDGEMENT

(1.) Special Civil Application No.5406 of 2001 is filed by the State of Gujarat through Officer on Special Duty, Private Forest Acquisition Act of 1972 being aggrieved by judgment and order passed by the Hon'ble Gujarat Revenue Tribunal in Appeal No.53 of 1998 dated 30.03.2001.

(2.) The main bone of contention in both these petitions is related to the compensation for the trees in the land of these 60 villages, possession of which, as claimed by the petitioner of SCA No.6413 of 2001, was taken over by the Government in the year 1965, whereas the rival contention of the Government is that the possession was taken only in the year 1973-74 after the Gujarat Private Forest (Acquisition) Act, 1972 ("the Act" for short) coming in force (the Act was accented to by the President on 30th June 1973).

(3.) Learned AGP Mr.Rindani submitted that the Government is aggrieved by judgment and order of the Hon'ble Gujarat Revenue Tribunal to the extent that the Tribunal hold that, "as per sub-section (3) of Section 8 of the Act, Sections 26, 18 and 23 of the Land Acquisition Act are applicable to the subject matter and that is why the Hon'ble Tribunal is pleased to award interest at the rate of 9% per annum and is also pleased to award soletium at the rate of 30%".