FA/4626/2007 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4626 of 2007 To FIRST APPEAL No. 4635 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE DN 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 ? ========================================================= THE STATE OF GUJARAT THROUGH THE SECRETARY & 2 - Appellants Versus DILIPBHAI MULJIBHAI PATEL - Defendant ========================================================= Appearance : MR H.H.PARIKH, AGP for the Appellants. MR AJ PATEL for the Defendant. ========================================================= CORAM : HONOURABLE MR.JUSTICE DN PATEL Date : 26/02/2008 ORAL JUDGMENT FA/4626/2007 2/7 JUDGMENT The aforesaid First Appeals have been preferred against the judgement and award dated 31st December,2004 passed by learned Civil Judge (S.D.), Bharuch in Land Reference Case Nos.1923 to 1937 of 1997. It appears that the suit land is situated at Village: Gajera, Taluka: Jambusar, District: Bharuch. The land has been acquired by the appellants for the purpose of Narmada canal. It appears from the facts of the case that notification under Section 4 of the Land Acquisition Act,1894 was published on 27th March,1996. Thereafter, notification under Section 6 of the Land Acquisition Act,1894 was published on 8th August,1996. Thereafter, the award was passed by Land Acquisition Officer on 27th March,1997 and compensation at the rate of Rs.3.04 ps. sq.metre as well as Rs.4.56 ps. per sq.metre. was awarded by the Land Acquisition Officer. 2. It appears from the facts of the case that References were made to the District Court, wherein claimants claimed compensation at the rate of Rs.100/- per sq.metre. Upon hearing the parties, the Trial Court has granted total compensation at the rate of Rs.22.83 per sq.metre. Against this amount of compensation awarded by the Trial Court, these First Appeals, have been preferred by the appellants. FA/4626/2007 3/7 JUDGMENT 3. Having heard the learned counsel for the both the sides and looking to the evidence on record, mainly Exh-10, Exh-11 and Exh-12, will be sufficient for disposal of these First Appeals. It appears from the evidence on record that land situated in the nearby vicinity of the acquired land of Village: Gajera, is situated at Village: Uchhad, Taluka: Jambusar, District: Bharuch. The land situated at Village: Gajera and the land situated at Village: Uchhad, are having common boundaries. Thus, both these lands are adjacent to each other. Thus, for comparison, the land situated at Village: Uchhad is best available piece of evidence. The land situated at Village: Uchhad is also acquired for the purpose of Narmada canal by the appellants. For that village: Uchhad, Section 4 notification is dated 8th December,1983 and for that land situated at Village: Uchhad, Land Acquisition Reference Case Nos.872 to 885 of 1987 as well as Land Acquisition Reference Case Nos.237 to 255 of 1988 were filed before the same District Court and the District Court awarded compensation at the rate of Rs.7.10 ps. per sq.metre. Thus, the best comparable land was acquired with notification under Section 4 on 8th December,1983 and the compensation awarded is at the rate of Rs.7.10 ps. per sq.metre. The land acquired in the FA/4626/2007 4/7 JUDGMENT facts of the case is having notification under Section 4 is dated 27th March,1996. Thus, the only question left out is as to how much increase, in the compensation, is required to be awarded over and above Rs.7.10 ps. per sq.metre. 4. Learned counsel for the appellants, for 10% rise in price per year, has relied on the basis of the following judgements: (i) 1998(1) GLR 130 (ii) AIR 2002 SC 1559 (iii) 2004(6) Supreme Today 1 Thus, on the basis of the aforesaid decisions, learned counsel for the appellants submitted that comparable land, which is situated at Village: Uchhad, having a notification under Section 4 is dated 8th December,1983, for which, the compensation was awarded at the rate of Rs.7.10 ps. per sq.metre, whereas, in the facts of the present case, Section 4 notification is dated 27th March,1996. Therefore, there is a difference of 13 years and, therefore, for every year 10% increase of compensation, ought to have been awarded. Thus, over and above Rs.7.10 ps. per sq.metre, maximum the claimants are entitled to get additional amount of Rs.9.23 ps. per sq.metre. Thus, at the most, the claimants are entitled FA/4626/2007 5/7 JUDGMENT to get total compensation at the rate of Rs.16.33 ps. per sq.metre. 5. Looking to the aforesaid decisions and the facts of the present case as stated hereinabove, and comparing notification under Section 4 of the present case with the notification under Section 4 of the Village: Uchhad, it appears that over and above, Rs.7.10 ps. per sq.metre, they are entitled to get compensation at Rs.9.23 ps. per sq.metre. Thus, looking to Exh-11, which is a map of Gajera Village, it is revealing the position of the land situated at Village: Uchhad and also revealing the fact that common are the boundaries of the lands, situated at Village: Gajera and Village: Uchhad and also looking to the deposition of Dilipbhai Muljibhai Patel at Exh-12, and also looking to the aforesaid decisions, the claimants are entitled to get compensation at the rate of Rs.7.10 ps. per sq.metre plus 9.23 ps. per sq.metre plus 10% rise for 13 years (10% rise for every year into 13 years). Looking to this calculation and looking to the facts and circumstances of the case and evidences below Exhs- 10, 11 and 12, I hereby award total amount of compensation at the rate of Rs.16/- per sq.metre. to the respondents. This Court has also decided vide order dated 28th January,2008 in First Appeal Nos.4221 to 4225 of FA/4626/2007 6/7 JUDGMENT 2007, whereby, has, awarded compensation at the rate of Rs.15.75 ps. per sq.metre, for the land situated at Village: Gajera, Taluka: Jambusar, District: Bharuch. Thus, for the very same Village, this Court has awarded compensation at the rate of Rs.15.75/- per sq.metre. 6. For the forgoing reasons, the aforesaid Appeals are partly allowed. Common judgement and award dated 31st December,2004 passed by learned Civil Judge (S.D.), Bharuch in Land Reference Case Nos.1923 to 1937 of 1997 awarding compensation to the claimants at the rate of Rs.22.83 ps. per sq.metre. for their acquired lands, is hereby modified and it is held that the claimants in all, would be entitled to compensation at the rat of Rs.16/- per sq.metre. The other benefits granted to the claimants by the impugned award are not interfered with at all and are hereby confirmed. The appeals are allowed to the aforesaid extent. There shall be no orders as to costs. The Registry is directed to draw the decree in terms of this judgment immediately. (D.N.PATEL,J) *dipti FA/4626/2007 7/7 JUDGMENT