FA/3168/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3168 of 2008 To FIRST APPEAL No. 3171 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 ? ========================================================= STATE OF GUJARAT THRO' SPECIAL LAQ OFFICER - Appellant(s) Versus PASHIBEN W/O SHANAJI BHAVAJI & 1 - Defendant(s) ========================================================= Appearance : GMR SUNIT SHAH - GP, MS TRUSHA PATEL, MR HEMANT MAKWANA & MR. D.R. CHAUHAN, AGPs for Appellant(s) : 1, MR KM SHETH for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 30/07/2008 ORAL JUDGMENT 1.0 These Appeals are directed against the judgment and FA/3168/2008 2/4 JUDGMENT award dated 03.03.2001 passed by the learned 2nd Jt. Civil Judge (S.D.), Nadiad in Land Reference Cases No. 265/1988, 266/1988, 268/1988 and 52/1989 whereby, the said land references were partly allowed and the claimants were awarded additional compensation @ Rs.1425/- per Are over and above Rs.160 per Are awarded by the Special Land Acquisition Officer. 2.0 The facts in brief leading rise to the filing of the present appeals are as under; 2.1 The appellant – State proposed to acquire the lands situated in the sim of Village Dajipara, Taluka Mehmdabad for the purpose of constructing the Ahmedabad – Vadodara Express Highway. The Notification u/s. 4 of the Land Acquisition Act, 1894 [for short, “the Act”] was published on 14.08.1986 and the Notification u/s. 6 of the said Act was published on 16.10.1986. 2.2 After completing necessary formalities, the Special Land Acquisition Officer, passed an award granting compensation @ Rs.160 per Are to the claimants. 2.3 Being aggrieved by the amount of compensation awarded by the appellant – State, the claimants raised dispute, which came to be referred to the District Court, Kheda at Nadiad, by way of references. The reference Court, after considering the evidence on record, partly allowed the references, by passing the FA/3168/2008 3/4 JUDGMENT impugned judgment and award. Hence, these appeals. 3.0 Learned counsel for the appellant – State has drawn my attention to the fact that while disposing of the aforesaid references, the Court below had relied upon a decision of this Court passed in First Appeals No. 822/1998 & group matters [Land Acquisition Officer v. Budhabhai Lallubhai Chauhan] dated 05.08.1998, in respect of an adjoining land of the same Village Dajipura, wherein, this Court had awarded a total compensation of Rs.1425 per Are. 4.0 The reference Court, by relying upon the said decision passed by this Court, has partly allowed the references. However, while doing so, it has awarded additional compensation @ Rs.1425/- per Are, over and above what has been awarded by the Special Land Acquisition Officer. The reference Court instead of awarding the total compensation of Rs.1425/- per Are, has awarded Rs.1425/- per Are as additional compensation, over and above Rs.160/- awarded by the appellant – State thereby, awarding a total compensation of Rs.1585/-, which is contrary to the decision of this Court. Hence, the impugned award of the reference Court is required to be modified to that extent. 5.0 In view of the above, the Appeals are partly allowed. The impugned judgment and award of the reference Court is modified to the extent that the claimants will be entitled in all FA/3168/2008 4/4 JUDGMENT Rs.1425/- per Are as compensation for their acquired lands after deducting the amount which has been awarded by the Special Land Acquisition Officer. The rest of the impugned award stands confirmed on the same terms. The Appeals stand disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*