FA/671/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 671 of 2008 To FIRST APPEAL No. 672 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================= = 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 ? ========================================= = SPL.LAQ OFFICE AND ANOTHER Versus PACHANBHAI PARAMABHAI AND ANOTHER ========================================= =Appearance : GMR RC KODEKAR, Assistant Government Pleader, for the Appellants MR JAYESH M PATEL for MR AJ PATEL for the Defendants ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 02/07/2008 COMMON ORAL JUDGMENT 1. By filing these appeals under Section 54 of the Land Acquisition Act, 1894 [“the Act” for short] read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged the legality of common judgment and award dated 30.11.2004 FA/671/2008 2/5 JUDGMENT rendered by the learned 2nd Extra Assistant Judge & Special Judge (L.A.R.), Ahmedabad (Rural) at Ahmedabad, in Land Acquisition Case Nos.433 of 1996 and 434 of 1996 whereby the claimants have been awarded additional amount of compensation at the rate of Rs.12.32 paise per square metre for their acquired lands over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.1.87 paise per square metre by his award dated 29.11.1994. 2. The Executive Engineer, Narmada Yojana, Division No.4/4, Mehsana proposed to the State Government to acquire the lands of Village: Nana Ubhada, Taluka: Viramgam, District: Ahmedabad for the public purpose of construction of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands mentioned in the said proposal were likely to be needed for the public purpose. Therefore, a notification under Section 4(1) of the Act was issued, which was published in the official gazette on 27.11.1992 followed by notification under Section 6 of the Act. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed additional compensation at the rate of Rs.20/- per square metre. However, the Special Land Acquisition Officer, by his award dated 29.11.1994, offered compensation to the claimants at the rate of Rs.1.87 paise per square metre. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, the claimants submitted applications under Section 18 of the Act requiring the Land Acquisition Officer to refer their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the references were made to the District Court, Ahmedabad, where they were registered as Land Acquisition Cases. 3. On behalf of the claimants, it appears that the claimant FA/671/2008 3/5 JUDGMENT of Land Acquisition Case No.433 of 1996 was examined. The witness has deposed that the lands in question were acquired for the purpose of Narmada Project. It is also stated by this witness that the Village has milk society, cooperative societies, post office, primary school, pucca road, telephone facilities, etc. The witness has also deposed that the claimants are taking three crops and earning profit of Rs.30,000/- to Rs.35,000/- per vigha. Though this witness was cross-examined by the other side, nothing substantial could be brought on record. The claimants have also relied upon the previous award of the Reference Court in respect of lands acquired from Village: Ribadi rendered in Land Acquisition Case Nos.201 to 209 of 1996. Therein the lands were acquired pursuant to notification issued under Section 4 of the Act on 19.11.1992. In the said references, the Reference Court, by its common judgment and award dated 28.04.2003, awarded an additional amount of Rs.11.22 paise per square metre over and above the amount offered by the Land Acquisition Officer. Therefore, the Reference Court by giving rise of 10% rightly awarded the amount in the present case. 4. On the basis of the evidence adduced by the parties, the Reference Court was of the opinion that previous award of the Reference Court relating to the lands of village Ribadi was a relevant piece of evidence for the purpose of determining the market value of the lands acquired in the present case. Considering the time gap between the two notifications, the claimants were entitled to reasonable rise in price of lands at the rate of 10% per annum. In the ultimate analysis, the Reference Court has awarded additional amount of compensation at the rate of Rs.12.32 paise per square metre to the claimants by the impugned award, which has given rise to the present appeals. 5. Heard the learned advocates for the parties. This Court has also perused the judgment of the Reference Court and other relevant evidence adduced by the parties before the Reference FA/671/2008 4/5 JUDGMENT Court. 6. From the record of the case, it appears that the claimants have never claimed enhanced compensation either on the yield basis or comparable sale instances. What was relied upon by the claimants was previous award of the Reference Court relating to the lands of Village: Ribadi. The fact that the boundaries of two villages are adjoining to each other is not in dispute. It is well settled that previous award of the 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. Therefore, this Court is of the opinion that no error was committed by the Reference Court in placing reliance on the previous award of the Reference Court for the purpose of determining the market value of the lands acquired in the instant case. On re-appreciation of the evidence adduced before the Reference Court, this Court is of the view that the finding recorded by the Reference Court that the claimants are entitled to enhanced compensation on the basis of previous award of the Reference Court relating to the lands of adjoining village cannot be interfered with and deserves to be upheld. 7. In view of the aforesaid discussion, the appeals deserve to be dismissed and are accordingly dismissed. The impugned judgment and award of the Reference Court is hereby confirmed. There shall be no orders. The Registry is directed to draw the decree in terms of this judgment as early as possible. Office is directed to send R & P to the concerned authority. (BHAGWATI PRASAD, J.) FA/671/2008 5/5 JUDGMENT omkar