Spl.Laq vs Vishnubhai on 24 August, 2011
6.2 Mr. H.L. Jani, learned AGP next contended that
the Reference Court has wrongly directed the State
Government to return 5% Government share to the new
tenure land. He has relied upon a decision of this Court
in the case of Mehta Rameshchandra Vs. Special Land
Acquisition Officer, reported in 2001(4) GLR 3672 wherein
it is held that if there is any land which is anew tenure
land, the 5% deduction of government share shall be made
in accordance with the provisions of section 11-A of the
Gujarat State Amendment Act. It was held that the 5%
Government share is lawful deduction in case of new
tenure lands out of the compensation determined under
section 23 of the said Act. Mr. Soni for the claimants
could not contest this contention. Therefore the
direction issued by the Reference Court in respect of
return of 5% Government share in respect of new tenure
land is bad and illegal and the appeals are required to
be allowed to the aforesaid extent.