With the consent of parties, the matters are taken up for final disposal. Present First Appeals have been preferred by the State under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908 being aggrieved with the judgment and award passed in Land Acquisition Reference Nos.756 & 757 of 2006 by the Reference Court (Principal Sr. Civil Judge, Bharuch) dated 19.12.2011 on the grounds stated in the appeal.
Heard learned AGP, Shri Alpesh Bhatt for the appellants and learned counsel, Shri K.M. Sheth for the respondentsoriginal claimants.
Though learned AGP Shri Bhatt has made an attempt to support the grounds with regard to the fact that the Court below has erred in awarding compensation after considering the relevant criteria like comparable sale instances, fertility and productivity of the land in question. He could not fortify from any supporting material. In fact as observed in the impugned award, the land in question is of Village : Karmad situated adjoining to Village : Umara. Reliance has been placed by the Reference Court on the award of LAR No.252/2006 of Village : Umara and having discussed with regard to the situation has passed an award awarding compensation of Rs.57.77 ps. per Sq.Mtrs. Other contentions have also been dealt with by the Reference Court and as the issue involved in the present appeals is only with regard to the comparable sale instances referring to nearby land, the present Appeals cannot be entertained. The Reference Court has discussed with regard to this aspect in detail, which does not call for any interference.
The present First Appeals therefore deserve to be dismissed and accordingly stand dismissed. Notice is discharged.
Gautam Sd/ (RAJESH H.SHUKLA, J.)