FA/3923/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3923 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 LAND ACQ.OFFICER & 1 - Appellant(s) Versus KESARISHINH HIMMATSINH SINCE DECD. THRO' RAJENDRASINH & 3 - Defendant(s) ========================================================= Appearance : MS KRINA CALLA AGP for Appellant(s) : 1 - 2. MR KM SHETH for Defendant(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 30/09/2008 ORAL JUDGMENT 1.0. ADMIT. Mr. K.M. Sheth, learned advocate waives service for the respondents-original claimants. On the joint request of learned counsel for the respective FA/3923/2008 2/5 JUDGMENT parties, these appeals are taken up for final hearing today. 1.1. This appeal is directed against the judgment and award dated 30.04.2005 passed by the learned Civil Judge (Senior Division), Bharuch in Land Reference Case No. 1993 of 1998, whereby the said reference case was partly allowed and the original claimants were awarded additional compensation @ Rs.40/- per sqr.mtr. for the acquired lands and other benefits. 2.0. The appellant proposed to acquire the land belonging to the respondents situated in village Kolavna, Tal. Amod, District Bharuch, for the purpose of constructing the Kolavna Minor Canal under the Narmada Project, under the provisions of the Land Acquisition Act, 1894. After completion of all the necessary legal formalities, the Special Land Acquisition Officer passed award dated 11.07.1996 granting compensation @ Rs.4.44/- per sqr.mtr. for the acquired land. 2.1. Being aggrieved by the said award, the respondents-original claimants preferred application before the authority requesting to refer the issue to the competent Court for adjudication, which ultimately, came FA/3923/2008 3/5 JUDGMENT to be referred to the Court below by way of reference. The reference Court, after appreciating the evidence on record, partly allowed the reference. Hence, this appeal. 3.0. 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 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 land. One such award in respect of similar land became the subject matter of challenge before this Court being Land Reference Case No. 1924 of 1993 wherein, this Court awarded compensation @ Rs. 25/- per sqr.mtr. for the acquired land. 4.0. The aforesaid reference case has attained finality as it has been confirmed by the Apex Court. It is pertinent to note that the land referred to in the Land Reference Case No. 1924 of 1993 and the land in question are adjoining to each other and have been acquired for the same purpose. Hence, I am of the opinion that the same could be relied upon for determining the price of the land in question. FA/3923/2008 4/5 JUDGMENT 5.0. By accepting the view taken by the previous award at Exh. 12, I fix the compensation @ Rs.25/-per sqr. mtr for the acquired land. In the present case, the Notification under Section 4 of the Act has been issued after a gap of six years and, therefore, by taking a rise of 10% per year for the entire period of six years, the total increase would come to Rs.15/-, meaning thereby, the claimant would be entitle for overall compensation @ Rs.40/- per sqr.mtr. For the acquired land. Since the Special Land Acquisition Officer has awarded compensation @ Rs.2.40 per sqr.mtr. for the acquired land, the claimants will be entitled for overall compensation @ Rs.37.60/- per sqr.mtr. 6.0. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award of the reference Court is quashed and set aside. The claimants will be entitled for additional compensation @ Rs.37.60 per sqr.mtr. over and above Rs.2.40 per sqr.mtr. awarded by the Special Land Acquisition Officer with other statutory benefits. Rest of the award remains as it is. The appeal stands disposed of accordingly. No order as to costs. [K.S. JHAVERI, J.] FA/3923/2008 5/5 JUDGMENT /phalguni/