Gujarat High Court
The Special Land Acquisition Officer vs Patel Rameshbhai Manilal on 5 April, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
C/FA/4406/2018 JUDGMENT DATED: 05/04/2023
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FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-
and
HONOURABLE MR. JUSTICE D. A. JOSHI Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
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2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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THE SPECIAL LAND ACQUISITION OFFICER
Versus
PATEL RAMESHBHAI MANILAL
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Appearance:
MR ADITYA JADEJA, AGP for the Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE D. A. JOSHI
Date : 05/04/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. All the captioned First Appeals along with Cross Objections are heard and finally decided by the common judgment and order, except Special Civil Application No.13742 of 2018, which was ordered to be heard along with present First Appeals vide order dated 10.11.2022. The same is ordered to be detached from present First Appeals along with Civil Application No.2 of 2022.
2. First Appeals and Cross Objections emanate from judgment dated 31.7.2017 passed in Land Reference Case No.1643 of 2011 and allied matters by Land Reference Court, Page 10 of 16 Downloaded on : Wed Apr 12 20:30:40 IST 2023 C/FA/4406/2018 JUDGMENT DATED: 05/04/2023 Mehsana, awarding additional compensation of Rs.2707/- per sq.mtr. for road touch land and, for other lands, additional compensation of Rs.2088/- per sq.mtr. has been awarded. The land reference case arise out of the acquisition of land situated at Village-Panchot, Taluka & District-Mehsana for the public purpose for Mehsana by-pass road. Accordingly, appellant no.1, State authority herein had acquired the lands, after undertaking necessary procedure, as prescribed under the law. Section 4 Notification under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for the sake of brevity) was published on 11.2.2009. Section 6 Notification under the Act was published on 26.8.2009 and, thereafter, award under Section 11 of the Act was passed on 31.12.2010, wherein and whereby appellant no.1 awarded compensation for the acquired land at the rate of Rs.118/- sq.mtrs. in case of road touch land and Rs.91/- per sq.mtr. for other parcels of land. Ultimately, the aforesaid acquisition culminated into land reference. The claimants demanded Rs.10,000/- per sq.mtr. After examining oral as well as documentary evidence, vide judgment and award dated 31.7.2017 passed by learned 3 rd Additional Senior Civil Judge, Mahesana, the reference of the original claimants was partly allowed and it was declared that the claimants would be entitled to an amount of Rs.2,707/- per sq.mtr. for road touch land and Rs.2088/- per sq.mtr. for other parcels of land as additional compensation, over and above the compensation already awarded by Special Land Acquisition Officer and increase at the rate of Rs.12/- p.a. as per the provisions of Section 23 (1-A) of the Act was also granted along amount of consortium at the rate of 30% and running interest Page 11 of 16 Downloaded on : Wed Apr 12 20:30:40 IST 2023 C/FA/4406/2018 JUDGMENT DATED: 05/04/2023 at the rate of 9% p.a. from the date of taking over possession till one year and, thereafter, at the rate of 15% p.a. till realization of the amount payable under Section 28 of the Act.
3. Being aggrieved and dissatisfied from aforesaid judgment and award, the appellant-State has filed captioned First Appeals, whereas the claimants have filed cross-objections.
4. Learned AGP, Mr.Jadeja appearing for the State authorities has submitted that the Court below has seriously erred in awarding additional compensation on higher side, over and above the compensation awarded by the Special Land Acquisition Officer. It is submitted that the Court below has not appropriately considered the evidence, which has surfaced on record and has erroneously placed reliance on Exh.149 and
164. It is submitted that the Reference Court has fallen in error in discarding the award of Special Land Acquisition Officer and without assigning any cogent and convincing reasons, the amount of compensation could not have been enhanced. It is submitted that the Reference Court, without ascertaining any award having been passed in the adjoining village or same village and, without considering any comparable instances, the amount could not have been enhanced. Thus, the award is required to be quashed and set aside.
5. Per contra, learned advocate, Mr.Prajapati, appearing for the claimants has submitted that the Reference Court has basically fallen in error in deducting 20% from the final amount of compensation of Rs.2,000 on the basis of distance factor.
Page 12 of 16 Downloaded on : Wed Apr 12 20:30:40 IST 2023C/FA/4406/2018 JUDGMENT DATED: 05/04/2023 While placing reliance on the map, it is submitted that Village- Panchot is not far away from Village-Nagalpur. It is submitted that, in fact, Village-Panchot for which Section 4 Notification was issued is adjoining to Mehsana city and, as of now, it is very difficult to make out the difference as both the areas of Village and the city have been merged. It is submitted that 20% could not have been deducted by the Reference Court from the final determination of compensation of Rs.150/- per sq.mtr. Learned advocate, Mr.Prajapati further submitted that in fact the Reference Court has relied upon District Valuation Committee Report at Exh.164 dated 8.10.2004 and also a Sale Deed of Village Nagalpur at Exh.149. It is submitted that accordingly Reference court before placing reliance on the documentary evidence as well as oral evidence, has precisely determined amount of Rs.2000/-, however, the amount of 20% deducted could not have been made. Thus, it is submitted that accordingly the claimants are entitled to enhanced amount.
6. We have heard learned advocates appearing for the respective parties. The Reference Court has primarily placed reliance on the District Valuation Committee Report, Exh.164, dated 8.10.2004, and also Sale Deed of Village Nagalpur at Exh.149 dated 3.10.2007. After perusing the aforesaid documentary evidence, the Reference Court has determined the value of the land at Rs.3,000/- per sq.mtr. and 20% has been deducted by the Reference Court, after considering the distance factor between Village-Nagalpur and Village-Panchot.
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7. We have perused Exh.164, District Valuation Committee Report, which is of 8.10.2004. It reveals that for the Village- Nagalpur, District Valuation Committee has determined the price of the land at Rs.3,000/- per sq.mtr. A perusal of Exh.149, which pertains to Sale Deed dated 30.10.2007 of Village- Nagalpur for Rs.2,06,40,000/- for 6880 sq.mtrs. of land, the Reference Court has determined the amount of compensation at Rs.3,000/- per sq.mtr. by taking the average. A perusal of map at Exh.157, indicates that Village-Nagalpur is adjoining to Village-Panchot. The by-pass highway for which the land is acquired passes through Village-Panchot. The distance between Nagalpur and Village Panchot is approximately 8 to 9 kilometers. However, it is noticed by us that Village-Nagalpur falls within the outskirts of Mehsana city. Thus, looking to the distance between Village-Nagalpur and Village-Panchot and topography of the area, we are of the considered opinion that since by-pass highway for which lands were acquired passes through Village-Panchot, whereas Village-Nagalpur is situated at the outskirts of Mehsana city, deduction of 20% by the Reference Court from the final amount of Rs.3,000/- was appropriate. On the evaluation of the aforesaid evidence, we are of the considered opinion that the Reference Court has not committed any error in determining amount of Rs.3,000/- per sq.mtr. towards land acquired at Village-Panchot. The 20% deduction from Rs.3,000/- would come to Rs.2,400/- per sq.mtr. Thereafter, further deduction of 40% is made from the aforesaid amount of Rs.2,400/- which pertains to 30% for N.A.Purpose and 10% deduction of smallness of plot, which would come to Rs.960/-. Hence, amount of Rs.1440 (Rs.2400 -
Page 14 of 16 Downloaded on : Wed Apr 12 20:30:40 IST 2023C/FA/4406/2018 JUDGMENT DATED: 05/04/2023 Rs.960) is arrived at. The District Valuation Committee Report is of 8.10.2004 and, in the present case, Section 4 Notification was issued on 11.2.2009 and as the Reference Court has considered difference of four years, four months and four days, and has considered 10% rise of market value per annum and had determined the amount of Rs.2,178.57 per sq.mtr. (Rs.1440 + 144 = Rs.1584/-) and after lapse of four years period, it would come to Rs.2178.57. The Special Land Acquisition Officer has awarded Rs.91/- per sq.mtr. and hence, the amount of compensation would come to Rs.2087.57 (2178.57 - Rs.91), which if rounded off will be Rs.2088/- per sq.mtr. for the other land, which is not road touch. For the road touch land, the Reference Court has calculated and awarded Rs.2707/- per sq.mtr. i.e. Rs.2844.95 awarded by the reference Court deducting Rs.118/- awarded by Special Land Acquisition Officer, which is rounded off to Rs.2707/- per sq.mtr.
8. It is also noticed by this Court that the Reference Court has determined the amount of Rs.2707/- per sq.mtr. for road touch land on the basis of the award passed by Special Land Acquisition Officer of Rs.118/- per sq.mtr. Thus, in the considered opinion of this Court, after considering the oral as well as documentary evidence, the Reference Court has precisely concluded and awarded the amount, which do not require any interference, as we do not find any illegality or infirmity in the judgment and award. We are not convinced to alter the compensation, hence, these First Appeals as well as Cross Objections do not require any interference and the same are dismissed. Record and Proceedings be sent back to the concerned trial Court forthwith.
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9. It is clarified that we have not disturbed the amount, which is determined and awarded by the Reference Court, however, in view of order dated 10.1.2023 in First Appeal No.4406 of 2018, the amount shall not be disbursed to the claimants until final orders are passed in Special Civil Application No.13742 of 2018. All the rights and contentions of all the parties are kept open and any decision, which is taken in Special Civil Application No.13742 of 2018 shall be binding to all the parties, subject to further challenge.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(D. A. JOSHI,J) R.S. MALEK Page 16 of 16 Downloaded on : Wed Apr 12 20:30:40 IST 2023