BALDEVBHAI BHAGCHAND KELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act" for sake of brevity) r/w Section 96 of the Code of Civil Procedure, 1908 are directed against the judgment and award dated 24.04.2007 passed by the learned Principal Senior Civil Judge, Palanpur in Land Acquisition Reference Case No. 2 of 2003. First Appeal No. 4816 of 2007 is filed by the land owners whereas First Appeal No.5174 of 2007 is filed by the State Government. As both the appeals are directed against the same judgment and award and evidence is also the same, both the appeals were heard together and are disposed of by this common judgment and order.

(2.) The following noteworthy facts emerge from the record of these appeals. That the present acquisition pertains to a constructed premises being City Survey No.11429, sheet no.50 situated at Palanpur. The land acquired is a constructed property bearing Municipal Census Nos.2/809, 2/810, 2/811, 2/812 and 2/812/1. The constructed property is at present occupied by the Police Authority and is in possession of the Superintendent of Police, Banaskantha. The total land acquired is comprising of area admeasuring 1105 sq mtr approximately, which consists of the constructed premises and open portion attached to the same. As per the record, the property belonged to erstwhile Ruler of Palanpur State and it was given on rent to the Home Department by erstwhile Ruler in the year 1949 at the monthly rent of Rs.170/- and since the year 1949 the same is in occupation of the Superintendent of Police, Banaskantha.

(3.) The land under acquisition was purchased by one Narendrakumar Chaturbhuj Maheshwari, Kamleshkumar Chaturbhuj Maheshwari and Ashaben Gordhankumar and First Appeal No.4816 of 2007 is preferred by the heirs of the said owners.