LAWS(GJH)-2023-7-1423

SPECIAL LAND ACQUISITION OFFICER Vs. PATEL BABUBHAI BABALDAS

Decided On July 28, 2023
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
Patel Babubhai Babaldas Respondents

JUDGEMENT

(1.) The present First Appeal has been filed by the appellant - State being aggrieved and dissatisfied with the judgment and award dtd. 31/7/2017 passed by the learned 3rd Additional Senior Civil Judge, Mehsana in Land Reference Case No.1711/2011, by which, the learned Judge has awarded additional compensation of Rs.2,707.00 per Sq.Mtrs. for road touch land and Rs.2,088.00 per Sq.Mtrs. for other parcel of land.

(2.) When the matter is called out, learned advocates appearing for the parties, at the outset, submitted that the present matter is connected and identical with First Appeal No.4406/2018 and allied matters, which have been disposed of by this Court vide judgment dtd. 5/4/2023 and the observation and and the rights and contentions of the parties are kept open subject to the decision that may be taken in Special Civil Application No.13742/2018, which is pending for adjudication. It is also submitted that the present matter is left out at the time of passing of said order. It is, therefore, submitted that same order may be passed keeping the rights of the parties open subject to final outcome of Special Civil Application No.13742/2018.

(3.) We have heard learned advocates for the parties and we have also gone through the record and proceedings available on record including the judgment dtd. 5/4/2023 passed by this Court in First Appeal No.4406/2018 and allied matter.