IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 1305 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE Y.B.BHATT ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question 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 Civil Judge? -------------------------------------------------------------- SPECIAL LAND ACQUISITION OFFICER Versus HEIRS OF AKAJI BAJAJI -------------------------------------------------------------- Appearance: MR M R ANAND Senior Counsel with L R PUJARI AGP for the Appellants. MR G M AMIN learned advocate for the Respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE Y.B.BHATT Date of decision: 11/07/96 ORAL JUDGEMENT 1. Heard the learned counsel for the respective parties at the admission stage. Appeal admitted. Mr.G.M.Amin, waives service for the respondents. 2. At the joint request of the learned counsel for the respective parties, this appeal is taken up today for final hearing. 3. As a result of the discussion of the evidence on record, and on scrutiny of the impugned judgment, it is found that the trial court, while deciding the Reference under section 18 of the Land Acquisition Act, has relied mainly upon ex.12, which is a certified copy of an earlier award under section 18 in Land Reference Case No. 696/89. This award at ex.12 has been relied upon in as much as the fact situation was comparable to the lands presently under acquisition. After relying upon ex.12, and after due consideration of all relevant factors of the instant case, the trial court determined the market value of the lands under acquisition at Rs.15/- per sq. mt. It is this determination of market value which is the subject matter of the present appeal under section 54 of the Land Acquisition Act read with section 96 of the Code of Civil Procedure. 4. However, the learned counsel for the respondent states that the very same award at ex.12 was taken in appeal by the State Govt. being First appeal No. 3068/95. This appeal was heard and decided by a Division Bench of this Court( Coram: N.J.Pandya & A.R.Dave, JJ) on 24th November, 1995, and the appeals of the State were summarily dismissed. The learned counsel for the appellant after due inquiry has conceded that the said Division Bench decision would completely cover the facts of the present case. In the premises aforesaid, the market value as determined by the Reference Court at Rs.15/- per sq. mt. does not require any interference by way of the present appeal. Hence, this appeal is dismissed with no order as to costs. 5. The appellant-State is directed to deposit the entire amount of the award together with cost and interest in the Reference Court, latest by 22nd October,1996, if not already deposited. *****