SPECIAL LAND ACQ OFFICER Vs. PATEL MANGABHAI MADHABHAI

JUDGEMENT

(1.) HEARD learned AGP Mr. Trivedi for the appellants, Special Land Acquisition Officer, Gandhinagar and Executive Engineer, Gandhinagar and learned advocate Mr. A. J. Patel for the respondent-claimants, in all appeals.

(2.) THE appellants have challenged the judgment and award dated 31/1/2006 passed by the 3rd Additional Senior Civil Judge, Gandhinagar in LAR Case Nos. 844 of 1998 to 847 of 1998, 849 of 1998 to 855 of 1998, 857 of 1998 to 864 of 1998 and 868 of 1998 to 871 of 1998, main LAR No. 844 of 1998 in all 23 cases, Exh. 23. Vide the said judgment and order, the Reference Court, Gandhingar has awarded additional compensation to the claimants at the rate of Rs. 185/- being a market price after deducting Rs. 10/- which is already awarded by the Special Land Acquisition Officer. Therefore, amount of Rs. 185/- per sq. mtr. is considered to be market price of the land in question.

(3.) LEARNED AGP submitted that Reference Court, Gandhinagar has relied upon Exh. 18, the group of First Appeal No. 1122 of 1999 and allied matters in respect to land of Chandkheda which is just adjacent to the land of present case. He submitted that Exh. 18 judgment of First Appeal No. 1122 of 1999 is passed on consent between both the parties, therefore, that should not have to be relied by this Court. He also submitted that Reference Court, Gandhinagar has also committed error in considering the fact that the land in question is acquired for the purpose of Motera and Chandkhead Road and therefore, on that basis the Reference Court has fixed the compensation of Rs. 185/- per sq. mtr. (Rs. 195/- minus Rs. 10/- ).