FA/60620/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 606 of 2008 To FIRST APPEAL No. 621 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI : ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SPL. LAND ACQ. OFFICER & 1 - Appellant(s) Versus GHANSHYAMBHAI RAVJIBHAI PATEL - Defendant(s) ========================================================= Appearance : MR. SUNIT SHAH – GP IN FA NOS.606/2008 TO 613/2008 AND MR. J.K. SHAH – AGP IN FA NOS.614/2008 TO 621/2008 for Appellant(s) : 1 - 2. MR KM SHETH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 05/09/2008 ORAL JUDGMENT 1. These appeals are directed against the common judgment and FA/60620/2008 2/4 JUDGMENT award dated 31.03.2006 passed by the learned 4th Addl. Sr. Civil Judge, Ahmedabad (R) at Navrangpura in L.A. Case Nos. 256/2003 to 264/2003, 780/2003 to 781/2003, 783/2003 to 784/2003, 791/2003 to 792/2003 & 794/2003 whereby, the said reference cases were partly allowed and the original claimants were awarded additional compensation @ Rs.105/ per sq. metre for their acquired lands and other benefits. 2. The appellant – State proposed to acquire the lands belonging to the respondents – claimants situated in Village Kathwada, Taluka Daskroi, District Ahmedabad for the purpose of constructing the Narmada Canal under the provisions of the Land Acquisition Act, 1894. After completion of all the legal formalities, the L.A.O. passed the award dated 05.08.2002 granting compensation @ Rs.10.50 per sq. metre for the acquired lands. 3. Being aggrieved by the said award, the claimants preferred applications before the authority requesting to refer the issue to the competent Court for adjudication, which, ultimately, came to be referred to the Court below by way of references. The reference Court, after appreciating the evidence on record, partly allowed the reference cases. Hence, these appeals. 4. Learned counsel for the appellant – State has relied upon an award passed in L.A. Case No.242/2003 and group matters dated 20.09.2006. The said award pertained to lands situated in Village Bilasiya, Taluka Daskroi, District Ahmedabad wherein, the reference Court has granted total compensation of Rs.79.50 for the acquired lands. FA/60620/2008 3/4 JUDGMENT Learned counsel has submitted that the Notification u/s. 4 of the Act in the award referred to herein above was published on 19.03.2001 and in the present case, it was published on 17.03.2001. Therefore, the award passed in the aforesaid reference case deserve to be applied to the case on hand and consequently, the compensation deserves to be reduced. 5. Learned counsel for the respondents – claimants is not in a position to dispute the above proposition of law. 6. Heard learned counsel for the respective parties and perused the documents on record. It is well-settled that a previous award of a reference Court relating a Village, which has attained finality, can be considered to be a good piece of evidence for the purpose of determining the market value of similar lands acquired subsequently from the adjoining village. The award passed in L.A. Case Nos.242/2003 has not been challenged in appeal, meaning thereby, it has attained finality. The lands referred to in the aforesaid reference case and the lands in question are adjoining to each other and have been acquired for the same purpose. 7. In above view of the matter, the claimants shall be entitled for the same amount of compensation, as has been awarded in the aforesaid reference cases. Now, in the present case, since the claimants have been awarded compensation @ Rs.105/- for their acquired lands, necessary deduction is required to be made. 8. In the result, the appeals are partly allowed. The L.A.O. has awarded compensation @ Rs.10.50 per sq. metre for the acquired lands. FA/60620/2008 4/4 JUDGMENT Therefore, the impugned judgment and award passed by the reference Court is modified to the extent that the original claimants will be entitled for additional compensation @ Rs.69/- per sq. metre instead of Rs.105/- awarded by the reference Court. The rest part of the impugned award stands confirmed on the same terms. The appeals stand disposed of accordingly. No order as to costs. R & P to the sent back to the trial Court concerned forthwith. [K. S. JHAVERI, J.] Pravin/*