FA/117220/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1172 of 2008 To FIRST APPEAL No. 1173 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 ? ========================================================= SPECIAL LAND ACQ. OFFICER & 3 - Appellant(s) Versus GOVINDBHAI JETHABHAI PATEL - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL AGP for Appellant(s) : 1 - 4. MR KM SHETH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/08/2008 ORAL COMMON JUDGMENT 1.0. These appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act read with Section 96 CPC, challenging the common judgment FA/117220/2008 2/3 JUDGMENT and awards passed by the Reference Court under Section 18 of the said Act. 2.0. The lands in question were required for construction of Narmada Canal Project. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the “Act”] were initiated. Notification under Section 4 of the Act was published on 27th July, 1995. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 20th April, 1996. 2.1. The respondents being dissatisfied with the quantum of compensation preferred an application to the Collector under Section 18 of the Act for making Reference to the Court for enhancement of the compensation. The learned trial Court by the aforesaid award enhanced the compensation with an additional amount of Rs.63.00 per sq.mtr. by judgment and award dated 30th October, 2004. The Special Land Acquisition Officer being aggrieved by the said award of the learned trial Court has filed these appeals under Section 54 of the Act. 3.0. Heard learned counsel for the respective parties. The learned trial Judge while passing the FA/117220/2008 3/3 JUDGMENT impugned award has relied upon the evidence of the sale transaction for the last five years and also the map of the village, wherein for the land of the same village which were previously acquired, 10% rise for each year was given to the land owners. The learned trial Judge while passing the impugned award had relied upon the LAQ Case No. 15/93 whereby, the trial Court has awarded Rs.45/- per sq.mtr. as additional compensation for the lands which were acquired in the year 1996. Apart from that in LAQ Case No. 15/93 Notification under Section 4 was published on 23rd May, 1990 whereas, in the present case Notification under 4 was published on 10th August, 1994. Hence, there is difference of four years. Thus, when both the lands are comparable and adjoining to each other, the learned trial Court was justified in enhancing the impugned award. 4.0 In view of the above, the impugned award passed by the learned trial Court is just and proper and no interference is called for by this Court. The appeals are therefore, dismissed. No order as to costs. [K.S. JHAVERI, J.] /phalguni/