LAWS(GJH)-2019-2-131

DEFENCE ESTATES OFFICER Vs. SHEKHAR PATWA, CHAIRMAN

Decided On February 25, 2019
DEFENCE ESTATES OFFICER Appellant
V/S
Shekhar Patwa, Chairman Respondents

JUDGEMENT

(1.) All the appeals relate to the same land acquisition proceedings and the same award and therefore, all the appeals are heard together and are disposed of by this common judgment and order. First Appeal no.1716 of 2015 is preferred by one of the land owners and rest of the First Appeals have been preferred by the acquiring body - Union of India. All these appeals, under Section 54 of the Land Acquisition Act, 1894 read with Section 296 and Order XLIII of the Code of Civil Procedure, 1908, are directed against the common judgment and award rendered by the learned Principal Senior Civil Judge, Kalol in LAR Cases no.91 to 96 of 2013 and LAR Case no.64 of 2013, being the lead reference.

(2.) The facts, as narrated in First Appeal no.2484 of 2015, are taken as basis of this judgment and order. Various parcels of land situated at Villages Vadsar and Santej, Taluka Kalol, District Gandhinagar were acquired for the public purpose of Air Force Station and Army Requirement of Centre (National Defence purpose). The land acquisition procedure followed by the State can be enumerated as under:-

(3.) Heard Mr. P.Y. Divyeshwar, learned Central Government Counsel for Defence Estate Officer (Union of India), Mr. G.M. Amin, learned advocate for the original claimants and Mr. Shirish H. Gohil, learned Assistant Government Pleader on behalf of the Special Land Acquisition Officer and also perused the paper book supplied by the learned advocate for the appellant and also perused the original record and proceedings.