FA/20920/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 209 of 2008 To FIRST APPEAL No. 216 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI : ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SPECIAL LAND ACQUISITION OFFICER & 2 - Appellant(s) Versus BHIKHJI NARSINH - DECD. THRO' SONJI BHIKHJI - Defendant(s) ========================================================= Appearance : MS SUNIT SHAH GP WITH MS. TRUSHA PATEL AGP for Appellant(s) : 1 - 3. MR KM SHETH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 20/08/2008 ORAL JUDGMENT 1. These appeals are directed against the judgment and award dated FA/20920/2008 2/3 JUDGMENT 04.03.2004 passed by the learned Jt. District Judge, Bharuch, Camp at Rajpipla in L.A.R. Nos.443/1993, 438/1993 to 442/1993 and 444/1993 whereby, the said references were partly allowed. 2.0 The facts in brief are that the appellant – State proposed to acquire the lands belonging to the respondent – claimants for the purpose of constructing a canal under the provisions of the Land Acquisition Act, 1894. Notification u/s. 4 of the said Act was published on 25.08.1988. On completion of all the legal formalities, the S.L.A.O., by award dated 22.03.1989, granted compensation @ Rs.180/- per Are for the acquired lands. 2.1 Being aggrieved by the said award, the claimants preferred applications requesting to refer the dispute to the competent Court for adjudication, which, ultimately, culminated into references before the Court below. 2.2 The reference Court, after appreciating the evidence on record, partly allowed the references by awarding compensation @ Rs.950/- per Are in all. Against the said award, the appellant – State has approached this Court by way of these appeals. 3. Heard learned counsel for the respective parties and perused the documents on record. The Court below has mainly relied upon the award delivered in an earlier case being Land Reference Case No.1752 of 1992 [Exhibit–10] passed in respect of lands situated in Village Bhacharwada, which is adjoining to the lands in question. The said reference case was disposed of by awarding compensation @ Rs.950/- FA/20920/2008 3/3 JUDGMENT per Are. 4. The claimants have not produced any other evidence on record, except the award passed in the aforesaid reference case, in support of their claim. In the absence of any other evidence on record, I am of the view that the Court below was completely justified in relying upon the earlier award and granting compensation of Rs.950/- per Are in all. I am in complete agreement with the reasonings given by and the findings arrived at by the Court below and hence, find no reasons to interfere in these appeals. 5. For the foregoing reasons, the Appeals stand dismissed. No order as to costs. R & P to be sent back forthwith. [K. S. JHAVERI, J.] Pravin/*