IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 1625 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE D.K.TRIVEDI and Hon'ble MR.JUSTICE C.K.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? @ STATE OF GUJARAT Versus KALIBA WD/O BHAIRAVSINH MANSINH -------------------------------------------------------------- Appearance: 1. First Appeal No. 1625 of 1999 Mr.Premal Joshi, learned AGP for appellant No. 1-2 NOTICE SERVED for Respondent No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE D.K.TRIVEDI and MR.JUSTICE C.K.BUCH Date of decision: 11/09/2002 ORAL JUDGEMENT (Per : MR.JUSTICE D.K.TRIVEDI) 1. This Appeal is filed by the State of Gujarat challenging the judgment and award passed by the learned 2nd Extra Assistant Judge, Godhra dated 16.11.98 in Land Acquisition Reference No.369/93. Mr.Joshi, learned AGP has produced the certified copy of the judgment of the Division Bench dated 14.3.2000 passed in First Appeal No.2495/99 wherein the Division Bench has allowed the Appeal of the Panchayat partly and the Division Bench has fixed the market value of the acquired land of village Katwara at Rs.10.50 Ps. per sq.mt. This Appeal is also filed by the State challenging the judgment of the trial court. Unfortunately while notifying the First Appeal No.2495/99, the present Appeal was not listed for final hearing and accordingly the same has remained pending. 2. As found from the judgment under challenge, the Notification under Section 4 of the Land Acquisition Act was published on 30.7.92 and the land situated at village Katwara was acquired and the Land Acquisition Officer has fixed the market value of the land at the rate of Rs.1.38 per sq.mt. At the instance of the claimants, Reference was moved before the District Court and the Reference Court has granted additional amount of Rs.16.02Ps. per Sq.Mt. in favour of the respondent - claimant. 3. While dealing with the Appeal filed by the acquiring body, namely, Executive Engineer, District Panchayat, Godhra, the Division Bench has fixed the market value of the land at the rate of Rs.10.50 Ps. per sq.mt. In view of the decision in First Appeal No.2495/99, the present Appeal is ordered to be disposed of accordingly by observing that the market value of the land has already been determined at Rs.10.50 Ps. per sq.mt. Accordingly the present Appeal being First Appeal No.1625/99 is disposed of on the above terms. However, there will be no order as to costs. (D.K.Trivedi,J) (C.K.Buch,J) arg