JUDGEMENT
Z.K.SAIYED -
(1.)THESE appeals are arising from the common judgment and award dated 9.11.2011 passed by
8th Senior Civil Judge, Bharuch, in Land Acquisition Reference Case Nos.195 to 204 of
1997. Since common issue is involved in these appeals, they are disposed by this
common judgment.
(2.)THE appellant Corporation has acquired the land for Industrial colony at Ankleshwar. The
award was published on 13.11.1987. The Land
Acquisition Officer has awarded compensation,
which the respondent found to be less, so the
respondent herein applied for reference for
getting additional compensation to the Civil
Court, Bharuch under Section 18 of the Land
Acquisition Act, which reference cases are
decided by the judgment impugned herein.
Heard Ms.Sejal K. Mandavia, for the appellant and Mr.M.I.Merchant, for respondent
Nos.1 and 1/1 and Mr.Niraj Ashar, learned AGP
for the respondent No.2.
(3.)LEARNED counsel for the appellant submitted that lower Court ought to have considered the
fact that the references are not filed within
reasonable time and it is time barred. It is
submitted that the land is Jirayat land and
it is not fertile land. Adjacent to this land
there is no facility of light, water etc. It
is submitted that after taking possession of
the land the appellant Corporation is
leveling the land and making plots on it and
providing facility of electricity lights,
road etc., to the plotholders. However, upon
a specific query being raised about the
observations of reference Court in paragraph
(9) of the judgment, learned advocate for the
appellant could not give any satisfactory
reply.
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