STATE OF GUJARAT AND ORS Vs. NARSHIBHAI KESHAVBHAI

JUDGEMENT

(1.) THE present First Appeals have been filed by the appellant -State being aggrieved with the impugned judgment award in Land ReferenceCase Nos. 140/06 to 150/06 by the 3rd Addl. Sr. Civil Judge, Junagadh, dated 18.2.2011 on the grounds stated in the appeal.

(2.) HEARD learned AGP Shri Banaji and learned advocate Shri KL Dave.

(3.) LEARNED AGP Shri Banaji has tried to submit that the award made by the Reference Court is erroneous as it has failed to consider the quality or fertility of the land acquired and also the development of the area. He further submitted that the Reference Court has failed to appreciate the award of the Land Acquisition Officer is in proper perspective. He submitted that the Land Acquisition Officer has passed an award considering the fertility, situation, prevailing market price and also the market value of the adjoining land. Learned AGP Shri Banaji submitted that the Reference Court has passed an award for additional compensation without considering these aspects. He further submitted that while exercising power under sec. 18 of the Land Acquisition Act the Reference Court is required to give cogent reasons for differing with the opinion of the Special Land acquisition Officer assigning reasons, which he has failed. He therefore submitted that the appeals may be allowed. Learned AGP Shri Banaji has on instructions submitted that considering rise of 10% per year is not justified in view of the judgment of the Hon ble Apex Court where it has made observation that only 7.5% could be given.