GAUTAMPURI MADHAVPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocates appearing on behalf of respective parties.

(2.) IN this group of appeals, appellants claimants have challenged award passed by reference Court, Bharuch in LAR No. 819 to 834 of 1996 (main Case No. 819 of 1996) Exh. 40 dated 6th November 2004. This group of appeals are filed for enhancement of compensation from awarded by reference Court. The reference Court has awarded Rs. 850/- being a market price per Are including amount awarded by Land Acquisition Officer (for short 'lao'), Bharuch.

(3.) LEARNED advocate Mr. Patel raised contention before this Court that award passed by reference Court is contrary to evidence on record and reference Court has committed error in not awarding entire awarded claim in reference under Section 18 of Land Acquisition Act. He submitted that reference Court has committed error in not relying upon previous award rendered in respect of acquisition of land of adjoining village Vehlam. He submitted that Reference Court has committed basic mistake of jurisdiction and Reference Court was dealing with original proceedings not considering appeal in any other proceedings against award of Reference Court, therefore, approach of Reference Court is itself wrong and misconceived and misconception continued through out the consideration of compensation under Section 23 of Land Acquisition Act (for short 'la Act')in determining compensation.