IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEALS No 2755 to 2781 of 2004 with FIRST APPEALS No 497 to 523 of 2005 For Approval and Signature: HON'BLE MR.JUSTICE B.J.SHETHNA and HON'BLE MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- KHUSHALBHAI DEVJIBHAI PATEL Versus SPL.LAQ OFFICER -------------------------------------------------------------- Appearance: 1. First Appeals No. 2755 to 2781 of 2004 MR AJ PATEL for Appellant MR SIRAJ GORI, AGP for Respondents 2. First Appeals No. 497 to 523 of 2005 MR SIRAJ GORI, AGP for Appellants MR AJ PATEL for Respondent -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE B.J.SHETHNA and HON'BLE MR.JUSTICE M.C.PATEL Date of decision: 06/05/2005 COMMON ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE B.J.SHETHNA) First Appeals No.2755 to 2781 of 2004 a.....T................T....... No.497 to 523 of 2005 are filed by the appellants Special Land Acquisition Officer and Executive Engineer against the impugned common judgment and award dated 22nd November, 2002 passed by the learned Civil Judge (S.D.), Surat in Land Reference Cases Nos.2/98 to 28/98 whereby the Reference Court awarded, in all, Rs.16/- per sq.mtr. instead of Rs.3.25 ps. to Rs.3.50 ps. awarded by the Land Acquisition Officer. 2. The following chart shows that out of those 27 Land Reference Cases, only in five cases, the additional amount awarded by the Reference Court is substantial ranging from Rs.27,000/- to Rs.51,000/- and in some of the cases, the amount is even less than Rs.1,000/-. ------------------------------------------------------------------------ ------------------------------- NO. | L.A.R. | Survey/Block | AREA IN | Addition Comp. | 30% | 2% Increase from | TOTAL | No. | No. | Sq. Mtr.| Award by the | SOLATIUM | 9-10-89 to 11-5-92| Col.5+6+7 | | | | court Rs.12.75 | | 30% | | | | | & 12.50 per | | | JJJJJJJJJ| 7711 = 00 | 41126 = 00 tr. | | | ------------------------------------------------------------------------ ------------------------------ 1. | 5/98 | 160 | 528 | 6600 = 00 | 1980 = 00 | 1980 = 00 | 10560 = 00 | | | | | | | 2. | 2/98 | 18 | 2016 | 25704 = 00 | 7711 = 00 | 7711 = 00 JJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJ JJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJ JJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJ| | | | | | | JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 3. | 3/98 | 154 | 192 | 2400 = 00 | 720 = 00 | 720 = 00 | 51686 = 00 | | | | | | | 4. | 4/98 | 140 | 722 | 9025 = 00 | 2707 = 00 | 2707 = 00 | 14440 = 00 | | | | | | JJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJ JJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJ 172 = 12 | 918 = 00 | 270 | 224 | 2800 = 00 | 840 = 00 | 840 = 00 4480 = 00 | | | | | | | 6. | 7/98 | 7 | 114 | 1453 = 00 | 436 = 00 | 436 = 05 | 2325 = 00 | | | | | | | 7. | 8/98 | 8 | 45 | 573 = 75 | 172 = 12 | JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ | | | | | | | | | | | 315 | 64 | 816 = 00 | 244 = 80 | 244 = 80 | 1305 = 60 | | | | | | | | | 314 | 1008 | 12852 = 00 | 3855 = 00 | 3855 = 60 | 20563 = 20 | | | | | JJJJJJJJJJ J JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ J JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| 61 = 20 | 326 = 40 | 45 | 573 = 75 | 172 = 12 | 172 = 12 | 918 = 0 | | | | | | | 9. |10/98 | 12 | 48 | 612 = 00 | 183 = 60 | 183 = 60 | 979 = 20 | | | | | | | 10. |11/98 | 14 | 16 | 204 = 00 | 61 = 20 | 61 = 20 JJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJ| | | | | | | | 11. |12/98 | 16 | 40 | 510 = 00 | 153 = 00 | 153 = 00 | 816 = 00 | | | | | | | 12. |13/98 | 17 | 96 | 1200 = 00 | 360 = 00 | 360 = 00 | 1920 = 00 | | | | | || 550 = 00 | 2937 = 00 13. |14/98 | 136 | 400 | 5100 = 00 | 1530 = 00 | 1530 = 00 | 8160 = 00 | | | | | | | 14. |15/98 | 137 | 240 | 3060 = 00 | 918 = 00 | 918 = 00 | 4896 = 00 | | | | | | | 15. |16/98 | 153 | 144 | 1836 = 00 | 550 = 00 6 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 50 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 0 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 550 = 00 6 = 00 | 5 0 = 00 6 = 00 | 550 = 00 6 = 00 | 550JJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJ JJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| | | | | | | | 16. |17/98 | 138 | 208 | 2652 = 00 | 795 = 00 | 795 = 00 | 4243 = 20 | | | | | | | 17. |18/98 | 15 | 18 | 1032 = 00 | 309 = 82 | 309 = 82 | 1652 = 49 | | | | | | 1407 = 00 | 7507 = 20 | | 162 | 882 | 11245 = 50 | 3373 = 65 | 3373 = 65 | 17992 = 80 | | | | | | | | | | | | | | 19645 = 19 | | | | | | | 18. |19/98 | 273 | 368 | 4692 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 0 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1 07 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 9 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 0 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 6 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 92 = 00 | 1407 = 60 2 = 00 | 1407 = 60 92 = 00 | 1407 = 60 JJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJ JJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJ JJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| | | | | | | | 19. |20/98 | 314 | 1328 | 16932 = 00 | 5079 = 60 | 5079 = 60 | 27091 = 20 | | | | | | | 20. |21/98 | 313 | 608 | 7752 = 00 | 2325 = 60 | 2325 = 60 | 12403 = 20 | | | | | J JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ J JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ| 581 25 | 3100 = 00 704 | 8976 = 00 | 2692 = 80 | 2692 = 80 | 14361 = 60 | | | | | | | 22. |23/98 | 282 | 136 | 1734 = 00 | 520 = 20 | 520 = 20 | 2774 = 40 | | | | | | | 23. |24/98 | 154 | 155 | 1937 = 50 | 581 = 25 | 581 = 25 | JJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJ JJJJJJJJJJJJJJ| | | | | | | | | 163 | 1392 | 17748 = 00 | 5324 = 40 | 5324 = 40 | 28396 = 80 | | | | | | | | | | | | | | 31496 = 80 | | | | | | JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJ| - | 19930 = 80 1 | 192 | 2448 = 00 | 734 = 40 | 734 = 40 | 39 6 = 80 | | | | | | | | | 161 | 785 | 10008 = 75 | 302 = 62 | 302 = 62 | 16014 = 00 | | | | | | | | | 139 | 544 | - | - | JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJ JJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJ JJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJ JJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJ| | | | | | | | | 25. |26/98 | 13 | 50 | 637 = 50 | 191 = 25 | 191 = 25 | 1020 = 00 | | | | | | | | | 267 | 304 | 3876 = 00 | 1162 = 80 | 1162 = 80 | 6201 = 60 | | | | | JJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| 2386 = 80 | 12729 = 60 | | | | | 7221 = 60 | | | | | | | 26. |27/98 | 165 | 1760 | 22440 = 00 | 6732 = 00 | 6732 = 00 | 35904 = 00 | | | | | | | 27. |28/98 | 135 | 624 | 7956 = 00 | 2386 = 80 | 2386 = 80 JJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ | | | | | | JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ ======================================================================== ============================= 3. In the instant cases, lands of village Ariyana were acquired for the purpose of Pinjrat - Dihen - Ariyana Road D-8 for which the notification was issued under Section 4 of the Land Acquisition Act on 19th October, 1989. However, the possession of the lands was taken much prior to that i.e. in 1983 from the claimants. Before the Land Acquisition Officer, the claimants claimed compensation at the rate of Rs.49/- to Rs.55/- per sq.mtr. with solatium and interest on it. However, the Land Acquisition Officer awarded compensation at the meagre rate of Rs.3.25 ps. to Rs.3.50 ps. per sq.mtr. by his award dated 11th May, 1992. Aggrieved of this, the claimants approached the Reference Court by way of Land Reference Cases for the remaining amount. However, the Reference Court partly allowed the references and awarded, in all, Rs.16/- per sq.mtr. instead of Rs.3.25 ps. to Rs.3.50 ps. awarded by the Land Acquisition Officer. Aggrieved of this, the appellants - claimants filed above First Appeals No.2755 to 2781 of 2004 and claimed the remaining amount. However, learned counsel Shri A.J. Patel for the appellants - claimants submitted that, in all, Rs.20/- per sq.mtr. would be just and adequate compensation which may be awarded on the basis of guesstimate method as there is enough evidence on the record to show that the claimants were entitled for compensation at the rate of atleast Rs.20/- per sq.mtr. However, Mr. Gori, learned AGP for the respondents in those appeals and appellants in First Appeals No.497 to 523 of 2005 submitted that even Rs.16/per sq.mtr. awarded by the Reference Court was much on a higher side and in any case, this court should not disturb the judgment and order passed by the Reference Court awarding in all, Rs.16/- per sq.mtr. to the claimants. 4. It was vehemently submitted by Mr. Patel for the appellants - claimants that the Reference Court should have awarded atleast Rs.20/- per sq.mtr., in view of the judgments of the Reference Court for the lands of Kawas, Ichchhapore and Mora villages which are adjoining villages to village Ariyana. This submission of Mr. Patel cannot be accepted for the simple reason that it has come on the record by way of evidence that those villages were at a distance of about 8 kms. therefore, it could not be compared for giving compensation on that basis. The claim of the claimants claiming Rs.49/- to Rs.55/- per sq.mtr. was exorbitant. It has come on record that the population of Ariyana village was hardly 1000 and when their lands were acquired, it was less. At the same time, this court cannot overlook the fact that village Ariyana was within the limits of Surat Urban Development Authority (SUDA) and there is a tremendous growth in the industries in the nearby village Ariyana. It has also come in evidence of the claimants that they were taking two cash crops of paddy, sugarcane, cotton etc. in a year and their lands being near Tapti river, it is bound to be fertile. 5. Under the circumstances, we are of the considered opinion that the claimants would be entitled for compensation atleast at the rate of Rs.20/- per sq.mtr. which would be just and proper and the learned Reference Court ought to have awarded the same but instead of that, it has awarded only Rs.16/- per sq.mtr. 5.1 In view of the above discussion, First Appeals No.2755 to 2781 of 2004 filed by the appellants - claimants are partly allowed and the respondents - Special Land Acquisition Officer and Executive Engineer are hereby ordered to pay additional compensation at the rate of Rs.4/- per sq.mtr. in addition to Rs.16/- awarded by the Reference Court i.e. in all, Rs.20/- per sq.mtr. to the claimants. Rest of the judgment and award passed by the Reference Court is confirmed. 6. Once we have partly allowed the appeals filed by the appellants - claimants, then obviously cross-appeals i.e. First Appeals No.497 to 523 of 2005 filed by the Special Land Acquisition Officer and the Executive Engineer are required to be dismissed. However, learned AGP Shri Gori made a valiant attempt by submitting that the Reference Court should have relied on the Valuer's report. That is not the only piece of evidence which could have been considered either by the Reference court or this court. The principle is that whenever the lands of poor farmers are acquired then those poor farmers - claimants should be awarded just and proper amount. Rs.20/- per sq.mtr. cannot be said to be either exorbitant or excessive. Ordinarily, for the lands in the vicinity of Surat and within the limit of SUDA, it is awarded around Rs.30/- depending on the year of notification issued under Section 4 of the Act. Surat is the economic capital of the State of Gujarat. Though we have not relied on the judgments of the Reference Court for the nearby villages of Kawas, Ichchhapore and Mora, on overall consideration of the evidence on record, we are of the considered opinion that Rs.20/- per sq.mtr. would be the just compensation. Therefore, we have awarded Rs.20/- per sq.mtr. 7. In view of the above discussion, First Appeals No.497 to 523 of 2005 filed by the Special Land Acquisition Officer and Executive Engineer are hereby dismissed. However, there shall be no order as to costs in both the group of appeals. ( B.J. Shethna, J. ) ( M.C. Patel, J. ) hki