PATEL JAYANTIBHAI VAGHAJIBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is filed under Section 54 of the Land Acquisition Act, 1894 (the Act) read with Section 96 of the Code of Civil Procedure, 1908 (the CPC) challenging the judgment and order dated 26.10.2007 rendered by 2nd Additional Senior Civil Judge, Nadiad in Land Reference Case No.80 of 2002.

(2.) HEARD Mr.B.D.Karia, learned advocate for the appellant, Mr.Alkesh N. Shah, learned Assistant Government Pleader for the respondentSpecial Land Acquisition Officer, and Mr.Ajay R. Mehta, learned advocate for the respondentacquiring body. Perused the impugned judgment and order as well as judgments at Exh.17 and 18, which are tendered by the learned counsel for the parties.

(3.) LEARNED counsel for the appellant has submitted that the Reference Court has awarded Rs.109/sq. mtr. mainly on the basis of previous award (Exh.17), which was passed in Land Reference Case No.375 of 1994 and others wherein notification under Section 4 of the Act was published on 22.04.1990. It is further submitted that the said judgment and award is confirmed by Division Bench of this Court in First Appeal No.1431 of 1999 vide judgment and order dated 05.10.1999 (Exh.18). It is submitted that though the lands, which were acquired under Land Reference Case No.375 of 1994 and others, are situated in the same village, the geographical location of the lands under acquisition are different and, therefore, the Reference Court ought to have awarded compensation as prayed for by the appellant. It is therefore submitted that the appeal deserves to be allowed.