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2024 Supreme(Guj) 1163

BIREN VAISHNAV, NISHA M. THAKORE
Land Acquisition And Rehabiliation Officer – Appellant
Versus
Lrs. Of Deceased Kanbi Ratnabhai Jethabhai – Respondent


Advocates Appeared:
For the Appellant : Mr. Akash Chhaya, AGP, Ms. Pooja Ashar, Agp, Mr. Aakash Gupta, AGP.
For the Respondent: Mr. Jinesh Kapadia, Mr. Mahesh P. Patel.

JUDGMENT :

(Biren Vaishnav, J.)

1. All these First Appeals arise out of respective land reference cases which were decided by the Additional Senior Civil Judge at Deesa.

2. Facts in brief would indicate that the lands of the original claimants were acquired for a public purpose of spreading canal of Sujalam Sufalam by issuing notifications under Section 4 and Section 6 of the Act. The Land Acquisition Officer by the award determined the market value of the land acquired at Rs.8.50 per square meters. On the claimants filing applications for enhancing, the Reference Court partly allowed the references and determined the market value of the land under acquisition at Rs.333.50 per square meters. These appeals have been preferred by the State of Gujarat for quashing the judgement and award of the Reference Court, whereas, the original claimants have filed cross-objections for enhancement of the claim.

3. It is not disputed by the learned counsel for the respective parties that for the same village and the acquisition process, this Court decided a group of appeals and cross objections viz. First Appeal No.669 of 2019 and allied matters. After considering the evidence on record which is the s

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