EXECUTIVE ENGINEER Vs. BHABHLUBHAI TAPUBHAI

JUDGEMENT

(1.) At the joint request of the ld. counsel for the respective parties, these appeals are taken up for final hearing today.

(2.) These are appeals filed on behalf of the State of Gujarat under Sec. 54 of the Land Acq. Act read with Sec. 96 of the C.P. Code, challenging the common judgment and awards passed by the Reference Court under Sec, 18 of the said Act.

(3.) As a result of the hearing and discussion, it appears to us on a tentative basis that the market value determined by the Reference Court in respect of the lands under acquisition may perhaps be slightly on the higher side and that there is some small scope for reduction. On the basis of this tentative view, we have perused the impugned judgment and awards, and also referred to such evidence as considered necessary by the ld. counsel for the respective parties. As a result of this exercise, the ld. counsel for the respondents original claimants made an offer in the nature of a consensus that some small reduction in the market value may be justified and that he is prepared to leave the extent of this reduction to us, without going to a detailed discussion into the merits of the matter based on the specific evidence on record. In the context of this development, we invited the opinion of the ld. counsel for the appellants, who was also willing to leave this aspect to us.