STATE OF GUJARAT Vs. PATEL BAI NANDUBEN JIVA

JUDGEMENT

(1.) THE present group of appeal are preferred against the Judgment and Award passed by the Reference Court dated 10.01.1996 in Land Reference Cases Nos. 72/87 & others.

(2.) HEARD Mr. Sunit Shah, learned GP with Mr.Parikh, learned AGP for the State, Mr.Dave for Mr. Lakhani in First Appeal Nos. 2442 and 2443 of 1996 and Mr. Shah in First Appeal Nos. 2444 and 2445 of 1996.

(3.) IT appears that on the factual aspects, there is no dispute that the land under acquisition was having the status of agricultural land. The land acquisition officer in the Award had considered the sale instances of the agricultural land as well as the sale instances of the non -agricultural land. As per the respondents -claimants, in addition to the sale instances, which were considered by the Land Acquisition Officer by Exh. 19, one Laljibhai Manjibai was examined for purchase of the land on the eastern side of the college at the rate of Rs.80 per sq. yard and the Sale Deed were also produced in Exh.20 and 21 to support that the market value of the land is about Rs.80/ - per sq. yard. The deposition of the said Laljibhai Manjibhai shows that the land of the said Sale Deed is situated on the eastern side of the college and after the college, there is a road and thereafter, the plots are situated. The land under acquisition as per the evidence on record and is rather an admitted position that it is situated on the western side of the college and it appears that college is situated on the National Highway and the old city of Jetpur is situated on the eastern side of the National Highway. The Reference Court after taking into consideration the sale instances of the non -agricultural land concluded that Rs.60/ - per. sq. mtr. appears to be the market price of the land under acquisition, which are situated on the interior side, the Reference Court found that Rs.50/ - sq. yard appears to be the market price and on the basis of the said conclusion, the additional amount of compensation is ordered to be paid minus the valuation already fixed by the Land Acquisition Officer. The other aspects of solatium, interest, etc., are not in dispute.