LAWS(GJH)-2023-7-1032

STATE OF GUJARAT Vs. PATEL MAHENDRAKEMAR REVABHAI

Decided On July 25, 2023
STATE OF GUJARAT Appellant
V/S
Patel Mahendrakemar Revabhai Respondents

JUDGEMENT

(1.) Heard learned Additional Government Pleader Mr. Kurven Desai on behalf of the appellants- State and learned Advocate Mr.R.C.Jani with learned advocate Mr.Kashyap Jani for RC Jani & Associate on behalf of the defendant-original claimants.

(2.) This Appeal is filed by the State, under Sec. 54 of the Land Acquisition Act, 1894( for short 'the Act') read with Sec. 96 of the Code of Civil Procedure, 1908, (for short 'the Code')challenging the common judgment and award dtd. 22/2/2022, passed by the Principal Senior Civil Judge, Modasa, Dist: Aravalli, in Land Reference Case Nos.114 to 120 of 2017 and 122 of 2017 of Village:Umedpur, Taluka:Modasa, whereby the Reference Court valued the land at the rate of Rs.2,002.00 per square meter for non- agricultural land and Rs.1,540.00 per Square Meter for agricultural land.

(3.) At the outset, Learned Assistant Government Pleader Mr.Kurven Desai submitted that this appeal was filed to challenge the impugned said judgment on various grounds, but now the issue in question may not be res-integra, as it would stand covered by a decision of an Hon'ble Division Bench of this Court dtd. 11/11/2022, in First Appeal No.2210 of 2022 and allied matters. Learned Advocate Mr. Jani would also endorse such submission.