FA/3627/2005 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3627 of 2005 To FIRST APPEAL No. 3643 of 2005 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 LAQ OFFICER & 1 - Appellant(s) Versus PATEL RATILAL AMBALAL - Defendant(s) ========================================= ================ Appearance : MS KRINA CALLA AGP for Appellant(s) : 1 - 2. MR AJ PATEL for Defendant(s) : 1, ========================================= ================ CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 19/09/2008 ORAL JUDGMENT 1. These appeals have been preferred challenging the common FA/3627/2005 2/3 JUDGMENT judgment and award dated 27.11.2001 passed by the learned 4th Jt. Civil Judge (S.D.), Mehsana in L.A.R. Nos.391/2001 to 407/2001, whereby, the said reference cases were partly allowed and the original claimants were awarded total compensation @ Rs.30.50 per sq. metre for their acquired lands. 2. The facts in brief are that the appellant-State proposed to acquire the lands belonging to the original claimants, situated at Village Adundara, Taluka Kadi, District Mehsana, for the purpose of constructing the Narmada Canal, under the Land Acquisition Act, 1894. Necessary procedure was initiated and on completion of all the legal formalities, the S.L.A.O. passed an award granting compensation @ Rs.4.50 per sq. metre for the acquired lands. 3. Being aggrieved by the said award, the original claimants filed applications before the authority requesting to refer the issue to the competent Court for adjudication, which, ultimately, came to numbered as references. The Court below, after appreciating the evidence on record, partly allowed the references by awarding total compensation of Rs.30.50 for the acquired lands. Against the said award, the appellant has approached this Court by way of these appeals. 4. Heard learned counsel for the respective parties and perused the documents on record. It is well-settled that a previous award of a reference Court relating to a Village, which has attained finality, can be considered to be a good piece of evidence, for the purpose of determining the market value of similar lands, acquired subsequently, from the adjoining village. A group of reference cases pertaining to FA/3627/2005 3/3 JUDGMENT lands belonging to the same village, i.e. Village Adundara being L.A.R. Nos.353/2001 to 363/2001 disposed of on 27.11.2001, has been confirmed by this Court in First Appeal Nos.2959/2004 to 2966/2004 dated 23.03.2005, wherein, this Court has confirmed the award passed by the reference Court awarding compensation @ Rs.30.50 per sq. metre for the acquired lands. Hence, the claimants in these appeals shall also be entitled for the same amount of compensation, as has been awarded in the aforesaid reference cases. In the present case, since the claimants have been awarded compensation @ Rs.30.50 per sq. metre for their acquired lands, no modification is required to be made in the impugned award. 5. In the result, the appeals are dismissed. No order as to costs. R & P to the sent back to the trial Court concerned forthwith. [K. S. JHAVERI, J.] Pravin/*