FA/237220/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2372 of 2007 To FIRST APPEAL No. 2381 of 2007 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 ? ========================================================= THE SPECIAL LAND ACQUISITION OFFICER & 2 - Appellant(s) Versus VISHNUBHAI MAGANDAS PATEL - Defendant(s) ========================================================= Appearance : MS KRINA CALLA AGP for Appellant(s) : 1 - 3. MR AJ PATEL for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 18/09/2008 ORAL COMMON JUDGMENT 1.0. These appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act read with Section 96 CPC, challenging the common judgment FA/237220/2007 2/5 JUDGMENT and awards passed by the Reference Court under Section 18 of the said Act. 2.0. The lands in question were required for construction of Narmada Canal Project. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the “Act”] were initiated. Notification under Section 4 of the Act was published on 3rd April, 1998 and declaration under Section 6 of the Act was published on 4th September, 1998. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 26th April, 1999. 2.1. The respondents being dissatisfied with the quantum of compensation preferred an application to the Collector under Section 18 of the Act for making Reference to the Court for enhancement of the compensation. The learned trial Court by the aforesaid award enhanced the compensation with an additional amount of Rs.30.50 per sq.mtr. by judgment and award dated 30th September, 2005. The Special Land Acquisition Officer being aggrieved by the said award of the learned trial Court has filed these appeals under Section 54 of the Act. 3.0. Learned counsel for the appellant – State has FA/237220/2007 3/5 JUDGMENT relied upon an award passed in L.A. Case No.26/1994 and group matters dated 18.10.1996. The said award pertained to lands situated in Village Madresana, Taluka Viramgam, District Ahmedabad wherein, the reference Court has granted total compensation of Rs.23 per sqr.mtr for the acquired lands. Learned counsel has submitted that the Notification u/s. 4 of the Act in the award referred to herein above was published on 03.06.1995 and in the present case, it was published on 03.04.1998. Therefore, the award passed in the aforesaid reference case deserve to be applied to the case on hand and consequently, the compensation deserves to be reduced. 4.0. Learned counsel for the respondents – claimants is not in a position to dispute the above proposition of law. 5.0. 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 lands acquired subsequently from the adjoining village. The lands referred to in the aforesaid reference case and the lands in question are adjoining to each other and have been acquired for the same purpose. FA/237220/2007 4/5 JUDGMENT 6.0. In above view of the matter, and in view of the decision rendered by this Court in the First Appeal No.419 of 2008 and allied matters dated 12.02.2008, the claimants shall be entitled for the same amount of compensation, as has been awarded in the aforesaid reference cases. Now, in the present case, since the claimants have been awarded compensation @ Rs.30/- per sqr.mtr. for their acquired lands, necessary deduction is required to be made. 7.0. In the result, the appeals are partly allowed. The L.A.O. has awarded compensation @ Rs.1.60 & Rs.2.40 per sq. metre for the acquired lands. Therefore, in view of the decision rendered in the First Appeal No. 419 of 2008 and allied matters dated 12.02.2008, the impugned judgment and award passed by the reference Court is modified to the extent that the original claimants will be entitled for additional compensation @ Rs.28.75- per sq. metre instead of Rs.30.00 per sqr. mtr. awarded by the reference Court. The rest part of the impugned award stands confirmed on the same terms. The impugned order of the reference Court is modified accordingly. No order as to costs. R & P to the sent back to the trial Court concerned forthwith. [K.S. JHAVERI, J.] FA/237220/2007 5/5 JUDGMENT /phalguni/