EXECUTIVE ENGINEER Vs. VALI MUSA MOHMAD

JUDGEMENT

(1.) THESE appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act read with Section 96 CPC, challenging the common judgment and awards passed by the Reference Court under Section 18 of the said Act.

(2.) THE lands in question were required for construction of Distributory Canal of Khanpur. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the "act"] were initiated. Notification under Section 4 of the Act was published on 9th February, 1995 and declaration under Section 6 of the Act was published on 30th November, 1995. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 23rd April, 1997.

(3.) HEARD learned counsel for the respective parties. The learned trial Judge while passing the impugned award had relied upon LAR No. 460/1991 whereby, the trial Court has awarded compensation at Rs. 1080/- per Are. However, the award passed in L. A. R. 460/1991 has not been challenged in appeal, meaning thereby, it has attained finality. Apart from that there is a difference of 6 years between the two Notification issued under Section 4 of the Act. Thus, when both the lands are comparable and adjoining to each other, the learned trial Court was justified in enhancing the impugned award.