Gujarat High Court
Special Land Acquisition Officer & vs Rabari Babubhai Lalbhai Mohanbhai & 5 on 14 July, 2016
Bench: M.R. Shah, A.S. Supehia
C/FA/1201/2015 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 1201 of 2015
TO
FIRST APPEAL NO. 1208 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE M.R. SHAH Sd/
and
HONOURABLE MR.JUSTICE A.S. SUPEHIA Sd/
===================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ?
NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any NO order made thereunder ?
=================================================== SPECIAL LAND ACQUISITION OFFICER & 1...Appellant(s) Versus RABARI BABUBHAI LALBHAI MOHANBHAI & 5....Defendant(s) =================================================== Appearance:
MS SHRUTI PATHAK, AGP for the Appellant(s) No.12 MR AV PRAJAPATI, ADVOCATE for Defendant Nos.1, 2.1, 36 =================================================== CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.S. SUPEHIA Date : 14/07/2016 ORAL (COMMON) JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) (1) As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of by this common judgment and order.Page 1 of 5
HC-NIC Page 1 of 5 Created On Wed Jul 20 00:40:14 IST 2016 C/FA/1201/2015 JUDGMENT (2) Feeling aggrieved and dissatisfied with the impugned common judgment and award dated 02.05.2012 passed by the learned Reference Courtlearned Principal Senior Civil Judge, Patan, in Land Acquisition Reference Nos.326/2009 to 336 of 2009, by which the learned Reference Court has partly allowed the said references and has awarded additional compensation of Rs.90/ per sq.mtr. for the lands acquired of Mouje Village Vagdod, Dist. Patan, the original opponentsSpecial Land Acquisition Officer and another, have preferred the present appeals.
(3) At the outset it is required to be noted and it is not in dispute that in the present case notification under Section 4 of the Land Acquisition Act, 1894, ('the Act' for short) came to be issued and published on 20.07.2004 and notification under Section 6 of the Act was published 10.09.2004. That the learned Special Land Acquisition Officer awarded compensation of Rs.8=10 per sq.mtr. and as the original claimants were not satisfied with the amount of compensation awarded by the learned Special Land Acquisition Officer, at the instance of the original claimants, references under Section Page 2 of 5 HC-NIC Page 2 of 5 Created On Wed Jul 20 00:40:14 IST 2016 C/FA/1201/2015 JUDGMENT 18 of the Act were made to learned District Court, Patan, which were registered as Land Acquisition Reference Nos.326336 of 2009.
(4) Relying upon its previous judgment and award with respect to the lands acquired of Village Kimbuva and with respect to notification under Section 4 of the Act dated 21.07.2014 passed in Land Acquisition Reference Nos.30573073 of 2006, by which the learned Reference Court determined the market price and awarded compensation of Rs.123=60 per sq.mtr. and after deducting 20%, looking to the distance between Village Kimbuva and Village Vagdod, by the impugned common judgment and award the learned Reference Court has determined the market price at Rs.98=28 per sq.mtr. and after deducting compensation awarded by the learned Special Land Acquisition Officer, has awarded additional compensation @ Rs.90/ per sq.mtr. with all other benefits which may be available under the Act.
Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court the appellants original claimants has preferred the present appeals.
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C/FA/1201/2015 JUDGMENT
(5) It is not in dispute that with respect to the lands acquired of adjacent Villages Edla and Kimbuva, there are decisions of this Court in Civil Application (for condonation of delay) Nos.85138519/15 (for village Edla); Civil Application (for condonation of delay) No.8472/15 and others CAs (for village Vagdod) and the decision of the learned Single Judge in First Appeal No.2015/15 and other allied first appeals (with respect to Village Kimbuva and decision in First Appeal No.2057/15 (with respect to the land acquired of Village Edla), by which with respect to the lands acquired in the year 2004 itself this Court has confirmed the award passed by the learned Reference Court and awarded additional compensation @ Rs.88/ per sq.mtr.
(6) It is also reported that there is one another decision of this Court in First Appeal No.2195/15 and other allied appeals, with respect to the lands acquired for the very Village Vagdod, for which notification under Section 4 of the Act was issued on 20.07.2004, wherein this Court has confirmed the award passed by the learned Reference Court and awarded additional compensation @ Rs.90/ per sq.mtr.
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C/FA/1201/2015 JUDGMENT
(7) Considering the aforesaid facts and
circumstances of the case, it cannot be said that the learned Reference Court has committed any error in awarding additional compensation of Rs.90/ per sq.mtr. relying upon its earlier decision in Land Reference Cases with respect to the lands at Village Kimbuva, which is just adjacent village of the present lands acquired of Mouje Village Vagdod, Dist. Patan.
(8) In view of the above and for the reasons recorded hereinabove, we see no reason to interfere with the impugned common judgment and award passed by the learned Reference Court. Hence, all these appeals deserve to be dismissed and are accordingly dismissed. No costs.
(9) Record and proceedings, if available, be forthwith returned back to the learned Reference Court.
Sd/ [M.R.SHAH, J] Sd/ [A.S.SUPEHIA, J] Bhavesh[pps]* Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Jul 20 00:40:14 IST 2016