REGIONAL MANAGER SHREE Vs. HASBA AHMED ISMAIL HANSROD
LAWS(GJH)-2012-11-119
HIGH COURT OF GUJARAT
Decided on November 08,2012

Regional Manager Shree Appellant
VERSUS
Hasba Ahmed Ismail Hansrod Respondents

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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