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A. S. SUPEHIA, DIVYESH A. JOSHI
Kamlaben D/O Mangalbhai Mathurbhai – Appellant
Versus
Special Land Acquisition Officer – Respondent
JUDGMENT :
A.S. Supehia, J.
1. The present first appeals filed under section 54 of the Land Acquisition Act, 1894 (“the Act” for short) read with section 96 of the Code of Civil Procedure, 1908 emanate from the common judgment and order dated 23.09.2019 passed by learned Principal Senior Civil Judge, Dabhoi, District Vadodara in Land Reference Case Nos.519 of 2004 to 529 of 2004, wherein the Reference Court has dismissed the land reference cases filed by the present appellants-original claimants. Being aggrieved, the claimants have filed the captioned first appeals.
2. From the text and tenor of the judgment and order, it appears that the land reference cases have been dismissed on the substratum of the consent terms between the claimants, i.e. the appellants and the acquiring body, as recorded in the award dated 05.06.1992 passed by the sole arbitrator.
3. Learned senior advocate Mr. H.M. Parikh assisted by learned advocate Mr.Jinesh Kapadia has submitted that the judgment and order passed by the Reference Court, rejecting the reference proceedings on the basis of the consent is absolutely misconceived. It is submitted that the reference proceedings have been rejected on the basis of
The main legal point established in the given judgment is that an arbitral award may not be binding on parties who were not part of the arbitral proceedings and did not consent to the award, as estab....
Procedural norms, technicalities and processal law evolve after years of empirical experience, and to ignore them or give them short shrift inevitably defeats justice. Where a common judgment has bee....
Sections 12 read as award of Collector when to be final.
The court clarified that under the Land Acquisition Act, only one award is envisaged, and no Supplementary Award is contemplated. It emphasized that any grievance regarding non-determination of compe....
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim fo....
The State cannot selectively challenge compensation awards in land acquisition cases; equitable treatment among claimants is required.
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