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Hasmukhlal Vrajilal Darji vs Dy.Collector & Offr.Of Spl.Duty Laq ... on 2 February, 2016

Bench: Ranjan Gogoi, Prafulla C. Pant

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                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION


                                    CIVIL APPEAL NO(S).732 OF 2016
                               (Arising out of SLP(C) No.27044 of 2012)


                         HASMUKHLAL VRAJILAL DARJI & ORS.                             APPELLANT(S)

                                                       VERSUS

                         DY.COLLECTOR & OFFICER ON SPECIAL
                         DUTY (LAND ACQUISITION) & ANR.                               RESPONDENT(S)


                                                         O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Gujarat at Ahmedabad in First Appeal No.152 of 2007, dated 09.05.2012 by which compensation for acquisition of the land of the appellants was enhanced by the High Court from Rs.9/- per sq. mtr. to Rs.30/- per sq.mtr.

3. We have perused the order of the High Court and considered Exhibit 28, which was relied Signature Not Verified upon by the High Court in coming to its impugned Digitally signed by Sukhbir Paul Kaur Date: 2016.02.04 17:21:20 IST Reason: conclusion.

4. Taking into account the facts of the case, we are of the view that the High Court was right in discarding Exhibits 23-27 relied upon by the claimants and in basing its decision on Exhibit 28. We are also of the view that the High Court was right in taking the view that deduction of 70% of the value mentioned in Exhibit 28 (Rs.150 per sq.mtr.) would be justified. However, further reduction from Rs.45/- per sq. mtr. to Rs.30/- per sq. mtr., in our considered view, is not correct. We, therefore, allow the appeal and modify the order of the High Court and grant compensation at the rate of Rs.45/- per sq. mtr. instead of Rs.30/- per sq. mtr. with all consequential statutory benefits on the enhanced amount.

....................,J.

(RANJAN GOGOI) ....................,J.

                                             (PRAFULLA C. PANT)
NEW DELHI
FEBRUARY 02, 2016
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ITEM NO.8                  COURT NO.7                 SECTION IX

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)      No(s).   27044/2012

(Arising out of impugned final judgment and order dated 09/05/2012 in FA No. 152/2007 passed by the High Court Of Gujarat At Ahmedabad) HASMUKHLAL VRAJILAL DARJI & ORS. Petitioner(s) VERSUS DY.COLLECTOR & OFFR.OF SPL.DUTY LAQ &ANR Respondent(s) (with office report) Date : 02/02/2016 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Mahendra Anand, Sr. Adv.

Mr. Gagan Gupta,Adv.

Mr. Saurabh Gupta, Adv.

For Respondent(s) Mr. Tushar Mehta, ASG Mr. Shiv Mangal Sharma, Adv. Mr. Puneet Parihar, Adv. Mr. Ankit Shah, Adv.

For M/s Aura & Co.

Ms. Hemantika Wahi,Adv. Ms. Jesal Wahi, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order.

 (Neetu Khajuria)                        (Asha Soni)
      Sr.P.A.                            Court Master

(Signed order is placed on the file.)