STATE OF GUJARAT Vs. RAMKUBHAI BAVBHAI MALA

JUDGEMENT

(1.) HEARD, learned AGP Mr. Sharma, appearing on behalf of appellant State of Gujarat and learned Advocate Mr. Vimal M. Patel, appearing on behalf of defendant. This appeal is admitted by this Court on 2nd September 2009. The appellant has challenged award passed by Reference Court at Junagadh in Land Reference Case no. 921 of 1999, decided on 27th April 2007. The Reference Court allowed Land Reference Case No. 921 of 1999 and dismissed Reference Case No. 1171 of 1999. The Reference Court has awarded an additional amount of compensation @ Rs. 7. 75ps. , over and above, Rs. 2. 25ps. awarded by Land Acquisition Officer for Bagayat Land, more particularly, at the rate described in Schedule, attached with award with running interest @ 9%.

(2.) THE land of original claimant, situated at Village: Vekaria, Tal. Visavadar, Dist. Junagadh was acquired for public purpose of 'vekaria Small Irrigation Scheme'. Sec. 4 Notification is dated 30th November 1989. Thereafter, Sec. 6 Notification is dated 4th September 1990. The Land Acquisition Officer has passed an award in Land Acquisition Case No. 41 of 1989, decided on 12th December 1990, where Rs. 190/- awarded per Are for Jirayat Land and Rs. 225/- per Are for Bagayat Land. Thereafter, claimant has preferred reference under Sec. 18 of the Land Acquisition Act, which award is under challenged.

(3.) LEARNED AGP Mr. Sharma raised number of contentions before this Court. He submitted that Reference Court has not properly appreciated sale transactions of last five years, considered by Land Acquisition Officer. He submitted that reliance is placed by Reference Court on previous award in Land Reference Case No. 1157 of 1999 is erroneous decision of Reference Court. The claimant has not produced any document showing that his lands are similar to that of land referred in Land Reference Case No. 1157 of 1999. The claimant has not discharged his burden to prove that he is entitled to more compensation. He has also submitted that document produced by appellant is not properly appreciated, even not dealt with by the Reference Court. The Reference Court has not given any cogent reason for deferring with award passed by Land Acquisition Officer. The sale transactions, which have been considered by the Land Acquisition Officer, have not been considered by the Reference Court. The learned AGP Mr. Sharma relied upon a decision of the Honourable the Apex Court in case of ONGC Ltd. Vs. Sendhabhai Vastram Patel and others, reported in 2005 (6) SCC 454. He lastly submitted that no sufficient and no cogent reason is given by the Reference Court while award passed by the Land Acquisition Officer not accepted by Reference Court.