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1996 DIGILAW 500 (GUJ)

Deputy Collector v. Kadharabhai Motibhai Chaudhari

1996-09-12

Y.B.BHATT

body1996
JUDGMENT : Y.B. Bhatt, J. 1. Heard the learned counsel for the respective parties. Appeals admitted. Mr. M.P. Prajapati waives service on behalf of the respondents. 2. At the joint request of learned counsel for the respective parties these appeals are taken up for final hearing today. 3. These appeals are filed by the State under section 54 of the Land Acquisition Act read with section 96 CPC, challenging the common judgment and awards passed by the Reference Court under section 18 of the said Act. 4. The Reference Court has awarded compensation on the basis that, on the interpretation of the evidence on record, the market value of the acquired lands would be Rs. 10/- per square meter. According to the learned counsel for the appellant, this award is excessive and requires to be modified. 5. After discussion on the merits of the matter and a discussion on the evidence on record, and with due regard to the relevant facts and circumstances of the case, learned counsel for the respective parties have arrived at a consensus, and have accordingly informed the Court that an earlier decision rendered by me on 26th February 1996 in First Appeal Nos. 1023/95 to 1044/95 would completely cover the present controversy. Learned counsel for the respective parties, in short, have arrived at a consensus that having regard to all the relevant and material facts and circumstances, the land value determined by me in my earlier decision referred to herein above, would also be the fair and reasonable market value in respect of the lands in question in these group of appeals. 6. Thus, in view of what is stated herein above and for the reasons recorded by me in my earlier decision referred to herein above, the market value of the lands under acquisition is determined at Rs. 8/- per square meter. The awards impugned in the present appeals shall stand modified accordingly only to the extent of the market value of the lands under acquisition, and the other figures in the rest of each award are sustained. 7. Thus, these appeals are partly allowed with no order as to costs. 8. Decree accordingly. 9. The appellants are directed to deposit in the trial court the requisite amount as per the present decree, separately in each of the References, latest by 10th January 1997. Appeals allowed.