Gujarat High Court
Ranchhodbhai Tapubhai Gol vs Dy. Ex. Engineer, Land Acquisition And ... on 8 October, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/FA/3828/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3828 of 2018
With
R/FIRST APPEAL NO. 3829 of 2018
With
R/FIRST APPEAL NO. 3830 of 2018
With
R/FIRST APPEAL NO. 3831 of 2018
With
R/FIRST APPEAL NO. 3880 of 2018
With
R/FIRST APPEAL NO. 3882 of 2018
With
R/FIRST APPEAL NO. 3883 of 2018
With
R/FIRST APPEAL NO. 3884 of 2018
With
R/FIRST APPEAL NO. 3885 of 2018
With
R/FIRST APPEAL NO. 3886 of 2018
With
R/FIRST APPEAL NO. 3887 of 2018
With
R/FIRST APPEAL NO. 3889 of 2018
With
R/FIRST APPEAL NO. 3890 of 2018
With
R/FIRST APPEAL NO. 3891 of 2018
With
R/FIRST APPEAL NO. 3892 of 2018
With
R/FIRST APPEAL NO. 3893 of 2018
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RANCHHODBHAI TAPUBHAI GOL
Versus
DY. EX. ENGINEER, LAND ACQUISITION AND REHEBILITATION
(IRRIGATION)
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Appearance:
MR GM AMIN(124) for the PETITIONER(s) No. 1
MR. RAKESH PATEL, ASST. GOVERNMENT PLEADER(1) for the
RESPONDENT(s) No. 1,2,3
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Page 1 of 8
C/FA/3828/2018 ORDER
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/10/2018
COMMON ORAL ORDER
1. As the issues raised in all the captioned appeals are the same, and the challenge is also to a selfsame judgment and award passed by the Reference Court, those were heard analogously and are being disposed of by this common judgment and order.
2. These first appeals arise from a judgment and order passed by the Principal Senior Civil Judge, Amreli in the Land Reference Cases Nos. 9 of 2005 to 18 of 2005 dated 17 th March, 2018. The court below partly allowed the references. The Reference Court has determined the compensation at Rs.30 per square meter for the irrigated (Bagayat) land and Rs.20 per square meter for the non-irrigated (Jirayat) land with the statutory benefit of 30% solation, 12% increase under section 23(1)(A) of the Land Acquisition Act and interest at the rate of Rs.9% for the first year and 15% for the remaining years from the date of taking over of the possession. The land of the appellants is situated at village Venivadar, Taluka:
Amreli, District: Amreli. The lands were acquired for the purpose of the Vadi Irrigation Project.
3. On 8.8.1996, a notification under section 4 of the Land Acquisition Act was published in the Gujarat Government Gazette.
4. On 24.6.1997, declaration was published in the Gujarat Page 2 of 8 C/FA/3828/2018 ORDER Government Gazette, Part-1-B on pages 246 to 247 under section 6 of the Land Acquisition Act.
5. On 18.3.1998, the land acquisition office declared the award under section 11 of the Land Acquisition Act.
Compensation was offered at the rate of Rs.7/- per square meter for Jiyarat land and Rs.10.50 paise for Bagayat land with statutory benefits of solation at the rate of 30% and 12% increase from the date of the notification till the date of the award and interest.
Interested party/claimants had made written application to the Land Acquisition Officer to make Reference under section 18 of the Land Acquisition Act.
6. On 15.2.2005, consequently Reference Cases Nos.9 to 18 of 2005 were registered before the Court of the Principal Senior Civil Judge, Amreli. The claimants have demanded Rs.200/- per square meter.
7. The claimants led the following oral evidence;
(I) Affidavit of Shri Mulji Kuvarjibhai Panelia, applicant of L.A.R. Case No.15 of 2005.
8. The claimants led the following documentary evidence;
Sr. Name of Documents Exh. No. No. 1 Valuation report of Srv. No.114 57 Page 3 of 8 C/FA/3828/2018 ORDER paiki plot No.14 of village-
Venivadar of Amreli Taluka 2 Valuation report of Srv. No.114 58 paiki plot No.12 of village-
Venivadar of Amreli Taluka 3 Valuation report of Srv. No.114 59 paiki plot no.1 of village-Venivadar of Amreli Taluka 4 Copy of award passed by the L.A.O 72 in L.A.Q No.28/95, dated 18.03.1998.
5 Copy of the judgment pronounced 75 by the then Assistant Judge, Amreli in L.R.C. No.182-1993, Dated: 24.12.1997 6 Xerox copy of judgment passed by 70 Hon. S.C. In Civil Appeal No.204/00, Dated: 29.7.2009 7 Xerox copy of spill way map 77 shown spill way and E-Distance between the Thebi dam and Vadi dam.
8 Xerox copy of revenue record, 78 Village Form No.7 and 12 of Srv.
No.115/4, 111, 113, paiki and 114paiki of Venivadar village.
9 Xerox copy of amended award. 83
9. The opponents have adduced the following oral evidence;
Sr. Name of the witnesses Exh. No.
No.
1 Affidavit of evidence of Mr. 64
Pravinbhai Ambabhai Govani-
(deposition)
10. The opponents have produced the following documentary evidence;
Page 4 of 8 C/FA/3828/2018 ORDERSr. Name of Documents Exh. No.
No.
1 Copy of judgment pronounced by 70
the then Principal Senior Civil
Judge in Group L.R.C. No.111-1999
to 133-1999 on 30.4.2015 of Vadi
Irrigation Project.
11. The learned judge has considered judgment of group of Land Reference Cases Nos.41 of 2002 to 51 of 2002 and the land was acquired in Nana Bhandariya Vadi Irrigation Project and the Land Reference Cases Nos. 68 of 1999 to 79 of 1999 and in the group of matters where Reference Cases Nos.56 of 1999 to 65 of 1999 and 176 of 1999 and in the group of the Land Reference Cases Nos.111 of 1999 to 133 of 1999 at Exhi.70 where the Reference Court has awarded Rs.20/- per square meter for the Jiyarat land and Rs.30/- for the Bagayat land. The learned Judge has not considered the judgment of the Thebi Irrigation Project at Exh.76 on the ground that both the projects are different.
12. The judgment relief upon by the Reference Court in the various group of the Land Reference Cases where the land was acquired for Vadi Irrigation Project were challenged before the Hon'ble High Court by the claimants by way of filing the First Appeal Nos.2825 of 2012 with 1546 of 2018 and others before the Hon'ble High Court. The Division Bench of the Hon'ble High Court, by judgment and order dated 7.8.2018, allowed the appeals by awarding compensation in group of appeals relying upon the judgment of the Thebi Irrigation Project and determined market price at Rs.65/- per square meter for the Page 5 of 8 C/FA/3828/2018 ORDER Jiyarat land and Rs.97.50 for the Bagayat land.
13. I may quote few relevant paras of the Division Bench judgment, referred to above. Paras-3 and 3.1 reads as under;
"3. First Appeals No.2825 of 2012 to 2859 of 2012 arise out of the common judgment and award dated 31.03.2012 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Case No.68 of 1999 and allied matters.
3.1 Agricultural lands of the appellants situated in village Nana Bhandariya of Amreli taluka of Amreli district came to be acquired for the public purpose of the Vadi Irrigation Project. The notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), came to be published on 11.04.1996, whereas the declaration under section 6 of the Act came to be published in the Government Gazette on 04.07.1996. Notices came to be issued under section 9 of the Act upon the interested parties, whereafter the Land Acquisition Officer made an award under section 11 of the Act on 17.07.1998 in L.A.Q. No.21 of 1995 awarding compensation of Rs.1,050/- per are (Rs.10.50 per square metre) for bagayat land and Rs.700/- per are (Rs.7/- per square metre) for jirayat land. Being dissatisfied with the award, the appellants filed applications under section 18 of the Act claiming compensation at the rate of Rs.400/-
per square metre. The Reference Court determined the market value of the acquired lands at Rs.20/- per square metre for Jirayat lands and Rs.30/- per square metre for Bagayat lands."
14. Let me now go straight to para-66 of the Division Bench judgment;
"66. Insofar as First Appeals No.2825 to 2359 of 2012 and First Appeals No.229 of 2016 to 246 of 2016 are concerned, the notifications under section 4 of the Act have been issued on varying dates in the year 01.02.1996 to 16.06.1996. Considering the market value of the lands to be Rs.50/- per square metre in the year Page 6 of 8 C/FA/3828/2018 ORDER 1993, the appellants would be entitled to an increase of 10% per annum for three years. The market of value of the lands would thus come to Rs.50/- plus Rs.15/- = Rs.65/- per square metre for jirayat lands. For bagayat lands the market value is required to be computed at the rate of one and a half times the rate for jirayat lands. Accordingly, the market value of bagayat lands would come to Rs.75.00/- plus Rs.22.50 = Rs.97.50 per square metre. "
15. For the foregoing reasons, all the appeals are partly allowed. The judgment and order passed by the Reference Court in the L.A.R Cases Nos.9 of 2005 to 18 of 2005 and L.A.R Cases Nos.57 of 2005 to 68 of 2005 is hereby modified. The appellants would be entitled to additional compensation at the rate of Rs.97/- per square meter (Rs.117 minus Rs.20/- for Jiyarat land and Rs.145 per square meter (175.50 minus Rs.30/- for Bagayat land.
16. Rest of the directions given in the impugned award regarding benefit to be given to the appellants for solation of Rs.30% under section 23 (2) and 12% increase under section 23 (1-A) and interest at the rate of 9% for the first year and 15% for the remaining years are hereby not disturbed at all and are hereby confirmed. There shall be no order as to costs.
17. Registry to place copy of this judgment in all the connected matters. The Registry is also directed to send back the original record and proceedings to the reference court. The office is directed to draw decree in terms of this judgment.
18. Considering the facts and circumstances of the case, since acquisition is old, the respondents are accordingly directed to forthwith calculate and deposit the amount of Page 7 of 8 C/FA/3828/2018 ORDER compensation payable to the appellants in the reference court within a period of twelve weeks from the date of the receipt of the writ of this order.
Direct service is permitted.
(J.B.PARDIWALA, J) Vahid Page 8 of 8