FA/267119/1997 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2671 of 1997 With CROSS OBJECTION No. 200 of 1998 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 ? ========================================================= STATE OF GUJARAT & 3 - Appellant(s) Versus MAHANT SHRI KALYANDASJI GOMTIDASJI - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL AGP for Appellant(s) : 1 - 4. MR PS CHAMPANERI for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 04/08/2008 ORAL JUDGMENT 1.0 This appeal is directed against the judgment and award FA/267119/1997 2/4 JUDGMENT dated 31.03.1997 passed by the learned Extra Assistant Judge, Surendranagar in Land Reference Case No. 8 of 1983 whereby, the said reference case was allowed. 2.0 The facts in brief giving rise to the filing of the present appeal are as under; 2.1 The land belonging to the respondent – claimant was proposed to be acquired by the appellant – State for the purpose of constructing an approach road to the Railway Station on the Dudhrej – Surendranagar route. Notification u/s. 4 of the Land Acquisition Act, 1894 [for short, “the Act”] in respect of the land in question was published on 07.03.1981. Thereafter, Notification u/s. 6 of the said Act was issued. On completion of all the legal formalities, the Land Acquisition Officer passed the award dated 19.08.1983, whereby, an amount of Rs.2.50 per sq. metre was awarded as compensation for the acquired lands. 2.2 Being aggrieved by the amount of compensation, the claimant preferred an application before the Land Acquisition Officer requesting to refer the issue to the competent Court by way of reference, which, ultimately, came to referred to the Court below by way of reference. FA/267119/1997 3/4 JUDGMENT 2.3 The reference Court, after hearing the parties and after considering the entire evidence on record, allowed the reference by awarding an amount of Rs.50/- per sq. metre as compensation towards the acquired lands. Being aggrieved by the same, the appellant – State has approached this Court by way of this appeal. 3.0 Heard learned counsel for the respective parties and perused the documents on record. The Notification u/s. 4 of the Act in respect of the land in question was published on 07.03.1981. It is the case of the appellant – State that as per the sale instance at Exhibit – 40 dated 27.05.1981 for the land bearing Survey No. 592, the price was Rs.59.80 per sq. metre and therefore, the price of Rs.50/- per sq. metre awarded by the reference Court is on the higher side. 4.0 The claimant has produced several sale instances of the adjoining lands in support of his case. As per the sale instance at Exhibit – 40 dated 27.05.1981, the price of land was Rs.59.80 per sq. metre, whereas, as per the sale instance at Exhibit – 47 dated 01.07.1981, the price of land was Rs.107.64 per sq. metre. I am in complete agreement with the reasonings given by the reference Court. FA/267119/1997 4/4 JUDGMENT 5.0 Hence, the appeal is dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*