FA/112120/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1121 of 2003 To FIRST APPEAL No. 1124 of 2003 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 ? ========================================================= DY.COLLECTOR & LAQ OFFICER - Appellant(s) Versus AJUBHA RATANSANG - Defendant(s) ========================================================= Appearance : MR D.R. CHAUHAN AGP for Appellant(s) : 1, RULE UNSERVED for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 04/08/2008 ORAL JUDGMENT 1.0 These appeals are directed against the judgment and award dated 30.09.2002 passed by the learned Civil Judge (S.D.), Bhavnagar in Land FA/112120/2003 2/3 JUDGMENT Reference Cases No. 95/1993 to 98/1993 whereby, the said references were allowed. 2.0 The land of the respondents was proposed to be acquired by the appellant – State for the purpose of constructing an irrigation project. On completion of all the legal formalities, as required under the provisions of the Land Acquisition Act, 1894, the Special Land Acquisition Officer awarded compensation @ Rs.150/- per Are for Jirayat land and Rs.200/- per Are for Bagayat land. Being dissatisfied by the said amount of compensation, the claimants preferred applications before the authority requesting to refer the issue to the competent Court, which, ultimately, came to be referred to the Court below by way of reference. 2.1 The reference Court, after appreciating the entire evidence on record, allowed the reference cases by awarding an additional amount of Rs.14/- per Are for Bagayat land and Rs.10/- per Are for Jirayat land. Hence, these appeals. 3.0 Heard learned counsel for the respective parties. In Para-31 of the impugned award, the Court below has relied upon the decision passed in Land Reference Case No. 70 of 1993 which came to be confirmed by this Court in First Appeal No.1573 of 2001. Looking to the fact of the case, in my opinion, the Court below was completely justified in passing the impugned award. I am in complete agreement with FA/112120/2003 3/3 JUDGMENT the reasonings given by and the findings of the reference Court and hence, find no reasons to interfere in these appeals. 4.0 Hence, the appeals stand dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*