AMRUTLAL NARHARI BHATT Vs. OFFICER ON SPECIAL DUTY

JUDGEMENT

(1.) The first appeals emanate from the judgment and order dtd. 18/11/2011 passed in Land Reference Case (old No.20 of 1990) No.10 of 2002, wherein and whereby the land reference cases have been rejected by the court of learned 2 nd Additional Senior Civil Judge, Valsad Camp, Vapi.

(2.) Being aggrieved, the claimants, who had claimed Rs.100.00 per sq.mtrs of Village Sarigam, Taluka Umargam, District Valsad, which was acquired by the respondent no.2-GIDC for industrial purpose. Sec. 4 notification under the provisions of the Land Acquisition Act , 1894 (for short "the Act") was published on 23/11/1984 and Sec. 6 notification under the Act was published on 28/7/1987. The hearing took place on 17/11/1987 and under Sec. 9(3)(4) of the Act, the claimants i.e. the appellants claimed compensation for the acquisition of land to the tune of Rs.100.00 per sq. mtrs. and solatium at the rate of 30%. The Land Acquisition Officer declared its award on 1/8/1989 and awarded compensation at the rate of Rs.250.00 per Are, which comes to Rs.2.50 paisa per Are sq. mtr. Being aggrieved, the appellants filed application under Sec. 18 of the Act, which has been rejected by the court below and hence, the present first appeals.

(3.) Learned advocate Mr.Vidit Sharma, while referring to the impugned judgment and order, has submitted that the reference court was impressed with the deposition of the Land Acquisition Officer recorded below Exh.172 while rejecting the reference proceedings. He has submitted that the Land Acquisition Officer has deposed that he has verified the sale deeds of the adjoining village and on verification of such sale deeds, it is deposed by him that the price fixed for such acquisition was just and proper. It is submitted that in fact the right to cross- examination was also closed by the reference court and since the oral evidence of such officer has been accepted without verification of calling upon the sale deeds, on which reliance is placed by the Land Acquisition Officer for beyond fixing the price of the land, the impugned judgment could not have been passed without verification of such sale deeds.