LAWS(GJH)-2024-7-275

STATE OF GUJARAT Vs. NARANBHAI RATANSHIBHAI RATHOD

Decided On July 26, 2024
STATE OF GUJARAT Appellant
V/S
Naranbhai Ratanshibhai Rathod Respondents

JUDGEMENT

(1.) In all these group of appeals filed at the instance of the State, under Sec. 54 of the Land Acquisition Act, 1894, read with Sec. 96 of the Code of Civil Procedure, 1908, the challenge is made to the judgment and award dated 20 th September, 2018 passed by the learned 3 rd Additional Senior Civil Judge, Jamnagar in Land Reference Case nos.367 of 2007 to 390 of 2007 (Main Land Reference Case no.367 of 2007). Since all the aforesaid reference cases were disposed of by the said common judgment and award, all these appeals were heard together and are disposed of by this common order.

(2.) In nutshell, the facts leading to the filing of the present appeals at the instance of the State are summarized hereunder :-

(3.) The learned Judge upon appreciation of the oral, as well as, documentary evidence brought on record by the original applicants, as well as, taking into consideration the documentary evidence brought on record by the respondent authorities, partly allowed the reference by common judgment thereby awarding Rs.50.30 per sq. mtr. in case of Jirayat land and Rs.75.40 per sq. mtr. in case of Bagayat land followed by the consequential benefits envisaged under Sec. 23(1)(A) and 23(2) of the Act. The Reference Court had also awarded proportionate costs to be realized from the respondent. Hence, these appeals.