FA/4146/2006 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4146 of 2006 To FIRST APPEAL No. 4151 of 2006 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 ? ========================================================= ADDL. SPECIAL LAQ OFFICER & 1 - Appellant(s) Versus BHIKHABHAI KALABHAI & 3 - Defendant(s) ========================================================= Appearance : MR HL JANI APP for Appellant(s) : 1 - 2. MR YATIN SONI for Defendant(s) : 1 - 4. MR HITESH B PATEL for Defendant(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT FA/4146/2006 2/7 JUDGMENT 1.0 These Appeals are directed against the judgment and award dated 31.12.2003 passed by the learned 2nd Joint Civil Judge (S.D.), Ahmedabad Rural in Land Reference Case Nos. 39 of 2002 to 45 of 2002 whereby, the respondent – claimants were awarded an additional amount of Rs.33/- per sq. metre as compensation for the lands in question over and above Rs.12/- per sq. metre awarded by the Special Land Acquisition Officer. 2.0 The facts in brief are as under; 2.1 A proposal was received by the State Government to acquire the lands of Village Nani Devati, Taluka : Sanand, District : Ahmedabad for the purpose of construction of Nani Devati – Palvada Road. On perusal of the same, the State Government was satisfied that the said lands were likely to be needed for public purpose. Accordingly, a Notification under Section 4(1) of the Act was issued on 04.09.1996. After due procedure, a Declaration under Section 6 of the Act was published on 04.05.1998. 2.2 The interested persons were thereafter served FA/4146/2006 3/7 JUDGMENT with notices for determining the amount of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.200/- per sq. metre. However, after considering the materials placed before him, the Special Land Acquisition Officer, by his award dated 24.08.1999, offered compensation to the respondent - claimants at the rate of Rs.12/- per sq. metre. 2.3 The respondent - claimants were of the opinion that the offer of compensation made to them was totally inadequate. Therefore, they submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their cases to the Court for determination of the amount of compensation payable to them. Accordingly, References were made to the District Court, Ahmedabad (Rural) where they were registered as Land Acquisition Case Nos. 39/2002 to 45/2002. 2.4 The Reference Court, after considering the evidence on record, partly allowed the References and FA/4146/2006 4/7 JUDGMENT awarded an amount of Rs.33/- per sq. metre for the acquired lands as additional compensation over and above the compensation already awarded by the Special Land Acquisition Officer together with 30 % solatium and running interest @ 9 % p.a. for the period of one year from the date of taking over the possession of the acquired land and thereafter, @ 15 % p.a. on the aggregate amount including solatium till the entire amount is fully paid or deposited. 3.0 Heard learned counsel for the respective parties and perused the documents on record. From the impugned award, it transpires that the relevancy of the previous award of the Reference Court relating to the lands of Village Sanand could not be established by the parties by leading cogent evidence. The conclusion reached by the Reference Court is neither warranted nor justifiable and the Reference Court has not taken into consideration the settled legal principles of law while determining the compensation payable to the respondent - claimants. On re-appreciation of the evidence adduced by the parties, this Court is of the opinion that the award impugned in the Appeals is wholly FA/4146/2006 5/7 JUDGMENT unsustainable. 4.0 On the facts and in the circumstances of the case, this Court is of the opinion that the Reference Court should have determined the compensation on the basis of legal, valid and reliable evidence on record and not on the basis of imagination, as is evident from the observations made in Para – 11 of the impugned award. To say the least, the award of the Reference Court is based on whims and is arbitrary and, therefore, has got vitiated. 5.0 In view of the above, learned counsel for the respective parties have jointly requested that the matter may be remanded to the Reference Court concerned for consideration afresh, in accordance with law, after giving opportunity to the parties to lead further evidence. 6.0 In view of the agreement arrived at between the learned counsel for the parties and the deficiency in the impugned award, this Court is of the opinion that interest of justice would be served if the matters are remanded to the FA/4146/2006 6/7 JUDGMENT Reference Court concerned with a direction to decide the same in accordance with law and the parties are reserved liberty to lead fresh evidence in support of their respective cases. 7.0 For the foregoing reasons, the Appeals are partly allowed. The common judgment and award dated 31.12.2003 rendered by the learned 2nd Joint Civil Judge (S.D.), Ahmedabad (Rural) in Land Acquisition Case Nos. 39/2002 to 45/2002 is hereby set aside. The matters are remitted to the Reference Court for deciding the same afresh. The parties would be at liberty to lead fresh evidence in support of their respective cases. The Reference Court is directed to decide the References in accordance with law and in the light of the evidence which may be adduced by the parties. Since these proceedings pertain to the acquisition of lands initiated in the year 1996, the Reference Court is directed to dispose of the References as expeditiously as possible and without any delay. The Appeals are allowed to the extent indicated herein above. There shall be no order as to costs. The registry is directed FA/4146/2006 7/7 JUDGMENT to transmit the records of the case, if received, to the Reference Court forthwith. [K. S. JHAVERI, J.] Pravin/*