STATE OF GUJARAT Vs. SUTHAR SANTILAL VAJARAM

JUDGEMENT

(1.) Heard learned AGP Mr.Akash Chhaya for the appellant State and learned Advocate Mr.Vijay Raval appears on behalf of all the legal heirs of the deceased claimant.

(2.) By way of this appeal, the appellant challenges a judgement and award passed by the learned Reference Court being learned Principal Sr. Civil Judge, Lunawada, District Mahisagar in LAR No.859/2017 dtd. 21/2/2018.

(3.) As noted vide order dtd. 7/3/2023, learned Advocate Mr.Raval appearing for the claimants has taken objection against admitting the present appeal, more particularly according to learned Advocate Mr.Raval, for the very selfsame acquisition, where Notifications under Ss. 4 and 6 have been issued on the same dates for the land belonging to the very village and whereas originally compensation had been fixed by a common award, against which the claimants had preferred Land Acquisition Reference No.839 to 846 of 2017 and whereas like in the present First Appeal, the learned Reference Court vide the impugned judgement and award had enhanced the compensation payable to Rs.390.00 per sq. mtr., for agricultural land and Rs.540.00 per sq. mtr., for non-agricultural land. Learned Advocate Mr.Raval has submitted that the very selfsame compensation had been awarded by the learned Reference Court in the present case also and whereas since the Government has accepted the award in the earlier Reference Cases, there was no cause for the State to file an appeal against the present Reference Award in question.