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2023 Supreme(Guj) 422

A. S. SUPEHIA, DIVYESH A. JOSHI
Kamlaben D/o. Mangalbhai Mathurbhai – Appellant
Versus
Special Land Acquisition Officer – Respondent


Advocates Appeared:
For the Appellant :Mr. H.M. Parikh, Ld. Sr. Advocate with Mr. Jinesh H. Kapadia.
For the Defendant : Mr. Aditya Jadeja, Ld. AGP.

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

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