FA/4753/1999 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4753 of 1999 To FIRST APPEAL No. 4772 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= STATE OF GUJARAT & 2 - Appellant(s) Versus SUSHILABEN MAHENDRAKUMAR PATEL - Defendant(s) ========================================================= Appearance : GOVERNMENT PLEADER for Appellant(s) : 1 - 3. None for Defendant(s) : 1, MR PRAKASH K JANI for Defendant(s) : 1.2.1 ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 16/04/2007 ORAL JUDGMENT FA/4753/1999 2/7 JUDGMENT 1. The short facts of the case appear to be that the proposal was made for acquisition of the land at Unja, Taluka Sidhpur for Sipu Project. Thereafter the notification under Section 4 of the Act was published in the Government Gazette on 8.3.1990. The notification under section 6 of the Act was also published on 6.12.1990. The procedure as per section 9 was followed and ultimately the award was passed by the Land Acquisition Officer (LAO), whereby he awarded the compensation at the rate of Rs.3.55 per sq. mtrs. The land owners/original claimants were not satisfied with the compensation and, therefore, the disputes were raised, which ultimately came to be referred to the Reference Court for adjudication being Land Acquisition Reference Case No.2301/1991 to 2320/1991. The Reference Court found that the market value would be Rs.30/- per sq. mtrs., for the land under acquisition and, therefore, directed for awarding of the compensation at the rate of Rs.26.50 per sq. mtrs., together with the increase by way of interest at the rate of 12% p.a., under Section 23(1-A) and the solatium at the rate of 30% under Section 23(2) of the Act and the interest at the rate of 9% for the first year and 15% for the subsequent as per Section 28 of the Act and it is under these circumstances, the present appeals before this Court by the State. FA/4753/1999 3/7 JUDGMENT 2. Heard Mr. Chhaya, learned AGP for the State and Mr. Keyur Vyas with Mr. Jani for the orig. claimants. 3. It appears that the Reference Court considered the aspects on assessment of the market value by the Reference Court in its earlier decision. It deserves to be recorded that as mentioned by the Reference Court in the impugned Judgment, the contention of the learned AGP was that in respect to the land situated in the very village Unjha, the rate was fixed @ Rs.30/- per sq. mtr. by the Reference Court in its Judgment and Award in the Land Reference Case No. 58/91 to 68/91 dated 12.08.1997 and it was further argued that for the land situated at fag end of village, the compensation was awarded at Rs.30/- per sq.mtr. The reference Court further considered that, as per the earlier award of the Reference Court, Rs.24/- per sq. mtr. was assessed as the value for the acquisition of the land in respect of which the Notification under Section 4 of the Act was published on 12.03.1981 and the lands in the present case are situated in the very village and ultimately, the Court has assessed the market value in the present case at Rs.30/- per sq.mtr. However, as the compensation was awarded at Rs.3.50/- per sq.mtr. by the Special Land Acquisition Officer, additional amount of Rs.26.50 per sq.mtr. is ordered to be paid as the compensation together with the statutory FA/4753/1999 4/7 JUDGMENT benefits. 4. Therefore, the only aspect, which may deserve consideration is as to whether, the assessment of the valuation by the Reference Court for the land under acquisition @ Rs.30/- per sq. mtr. could be said just and reasonable or whether any error is committed by the Reference Court while concluding the market value at Rs.30/- sq.mtr. of the land under acquisition. 5. It deserves to be recorded that for the land which came to be acquired in village Unjha vide notification of 02.03.1989, the valuation was assessed at Rs. 30/- per sq. mtr. and such valuation was upheld by this Court in the proceedings of First Appeal No. 4717 of 1997 arising against the Judgment and Award dated 06.04.1998 of the Reference Court. Thereafter, in the proceedings of First Appeal Nos.4833 of 1997 to First Appeal No.4871 of 1997, this Court vide order dated 20.04.1998 confirmed the valuation of the land of village Unjha at Rs.35/- per sq. mtr. 6. Therefore, in view of the above referred two decisions of the Division Bench of this Court, it appears that the valuation of the land of village Unjha in the year 1989 was confirmed by this Court at Rs.30/- per sq.mtr. and for the land situated at nearby gamtal, it was confirmed at Rs.35/- per sq. mtr. FA/4753/1999 5/7 JUDGMENT 7. In the First Appeal Nos. 900 of 1998 to 929 of 1998, decided by the another Division Bench of this Court dated 02.02.1999, which were preferred against the Judgment and Award of the Reference Court dated 08.08.1997 in Land Acquisition References No. 28 to 57 of 1991 for the very village Unjha, this Court confirmed the valuation at Rs.35/- per sq. mtr. for the land situated in nearby gamtal and Rs.30/- per sq.mtr. for the land situated away from gamtal. In the case before the Division Bench, the Notification under Section 4 of the Act was published on 02.03.1989. 8. If the facts of the present cases are examined, then in that case, the Notification under Section 4 of the Act is published on 08.03.1990 and the land in view of the location, if considered to be away from gamtal, then also, it cannot be said that the valuation fixed by the Reference Court at Rs.30/- per st. mtr. is unreasonable. 9. If the above mentioned three decisions of this Court are considered for the acquisition of the land of the very village, the conclusion of the market value at Rs.30/- per sq.mtr. cannot be said as unreasonable, even if the contention of the State is examined and considered on the aspects that the lands are situated at fag end of village Unjha and the reasons being that for FA/4753/1999 6/7 JUDGMENT the year 1989, in respect to the land situated away from gamtal, this Court confirmed the valuation at Rs.30/- per sq.mtr. It is true that the exact location of those lands with the present land under acquisition has not come on record, but even if they are at the fag end of the village, the fact remains that if considered it to be away from gamtal at par with the land situated and considered in the earlier litigation in the above referred decisions of this Court, there may be an increase of 10% rise in the price and if situated at a distance, but within the revenue limits of Unjha, the rise may not be required to be construed. Therefore, Rs.30/- per sq.mtr. as assessed by the Reference Court of the land under acquisition appears to be just and reasonable. 10.So far as the other benefits as awarded by the Reference Court for 12% p.a. increase in the amount of compensation and the solatium at the rate of 30% and the interest @ 9% for the first year and 15% for the remaining years are concerned, the same are in accordance with the scheme under the Land Acquisition Act. 11.Under the above circumstances, the appeals fail. Hence, the same are dismissed. Decree accordingly. (JAYANT PATEL, J.) FA/4753/1999 7/7 JUDGMENT *bjoy