FA/355/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 355 of 2008 To FIRST APPEAL No. 365 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 ACQUISITION OFFICER & 1 Versus SINDHI JINNATBAI UMARMIYA ====================================== Appearance : MR SS SHAH, GOVERNMENT PLEADER with MS TRUSHA PATEL, AGP for Appellants. MR AV PRAJAPATI for Respondent. ====================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/08/2008 COMMON ORAL JUDGMENT 1. By way of these appeals, the appellants have challenged judgment and award dated 22-9-2005 passed by learned Principal Civil Judge, FA/355/2008 2/4 JUDGMENT Mehsana in Land Acquisition Reference Case Nos.3723 to 3732 of 2003, whereby the claim cases were partly allowed. 2. The facts in brief, as emerging from record, are as under: 3. Notification under Section 4 of the Land Acquisition Act was published on 13-12-1994 for the purpose of acquisition of lands situated at village Matrasan, Taluka Becharaji, District Mehsana. Notification under Section 6 of the Act was published on 3-11-1995. After following due process of law, Land Acquisition Officer has acquired the lands in question and fixed market value of the lands in question at Rs.2.80 ps. by award date 13-12-1996. The owners of the land have accepted said amount with objection. Objections filed by the land owners have been transmitted to the Court of learned Principal Senior Civil Judge, Mehsana, wherein each claimant has prayed to fix price of their land at Rs.50/- per sq.mtr. Claimants stated that they are not served with notice under Section 9 of the Land Acquisition Act. It is also the say of the claimants that there was standing crop in their land at the time of acquisition. It is also the contention of claimants that in the surrounding area of their lands, numbers of factories have been established, number of residential societies have been also constructed, for the preservation of goods and material godowns are also constructed. It is also the say of the claimants that Special Land Acquisition Officer has not considered the sale deed of other property which is sold nearby the acquired land. Claim of the claimants was resisted by the appellants herein by filing written statement. They denied all the allegations made by the claimants and stated that competent authority under the Act has fixed the market value of the land acquired by considering all relevant documents. FA/355/2008 3/4 JUDGMENT 4. After considering the evidence on record, reference Court partly allowed said land reference cases by the impugned judgment and determined market value of the land in question at Rs.50/- per sq.mtr., and also granted amount of solatium at 30% of additional compensation and order regarding payment of interest is also made. Being aggrieved by it, the appellants have filed these appeals. 5. Heard Ms.Trusha Patel, learned AGP appearing for the appellants and learned advocate, Mr.Prajapati appearing for the respondents. 6. Learned AGP has submitted that while passing impugned judgment, reference Court has relied upon earlier award and granted compensation at the rate of Rs.50/- per sq.mtr. However, said award was subject matter of challenge before this Court in First Appeal Nos.1578 to 1590 of 2007, wherein this Court has reduced the amount of compensation from Rs.54.57 ps. to Rs.41/-. Therefore, accordingly, in these appeals also amount of compensation is required to be reduced. 7. Learned advocate, Mr.Prajapati is not in a position to dispute aforesaid aspect. 8. Since the award relied upon by the reference Court was subject matter of appeal before this Court and since Division Bench of this Court has decided said appeals, award in these appeals is also required to be modified accordingly. Moreover, notification under Section 4 of the Act in the case relied on by the reference Court was published on 7th September 1995 while in the present case Section 4 Notification was published on 31st December, 1995. Accordingly, it is clear that in the present case Section 4 Notification was published nine months prior to the notification issued in aforesaid case. Therefore, on the basis of 10% FA/355/2008 4/4 JUDGMENT annual rise, 7.5% amount is required to be deducted from the amount of Rs.41/- fixed by this Court in aforesaid First Appeals, as Section 4 notification was issued nine months prior to Section 4 Notification published in aforesaid case. Therefore, deducting Rs.3.07 ps., being 7.5% from Rs.41/-, it would come to Rs.38/- in all. After deducting Rs.2.80/-, which is awarded by Special Land Acquisition Officer, it would come to Rs.35.20 ps., which will be additional amount of compensation for the claimants. The other statutory directions given by the reference Court in the impugned award are not interfered with. 9. Accordingly, these appeals are allowed to the aforesaid extent with no order as to costs. (K.S.Jhaveri, J.) *malek