STATE OF GUJARAT Vs. YAZDI BARJORJI JODI

JUDGEMENT

(1.) In the present group of first appeals, the State has assailed the judgment and award dtd. 25/9/2014 passed below Exh.34 by the Principal Senior Civil Judge at Vyara, District - Tapi in Land Acquisition Reference Case Nos.188 to 193 of 2012. The land of village Chikhalda was acquired by the State body for the purpose of constructing the canal, for which, the Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 9/3/2006, the Notification under Sec. 6 of the Act was issued on 31/8/2006 and the Notification under Sec. 11 was issued on 14/3/2008.

(2.) The Special Land Acquisition Officer offered an amount of compensation at Rs.900.00 per Are i.e. Rs.9.00 per sq. mtr. for the irrigated land and for non-irrigated land the compensation was offered at Rs.750.00 per Are i.e. Rs.7.50 per sq. mtr., for acquired lands of the claimants. Being aggrieved and dissatisfied, the claimants have filed applications under Sec. 18 of the Act, which culminated into the number of references. By the judgment and award, the Reference Court has awarded an additional compensation at the rate of Rs.280.00 per sq. mtr., with additional statutory interest.

(3.) Learned Assistant Government Pleader Mr.Ashutosh Dave, has submitted that the impugned judgment and award passed by the Reference Court is required to be quashed and set aside, since the same is not appropriately passed by appreciating the evidence. He has further submitted that the award was passed by the Land Acquisition Officer by considering the market value of the lands in question, however the Reference Court has totally ignored the same and has considered the cases of other villages, which are far away and have no relevance for deciding the additional compensation of the lands in question.