FA/824/2002 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 824 of 2002 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 ? ========================================= ================ SARLABEN,WD/O PUNAJI BECHARJI - Appellant(s) Versus SPL.LAQ OFFICER & 1 - Defendant(s) ========================================= ================ Appearance : MR AJ PATEL for Appellant(s) : 1, GOVERNMENT PLEADER for Defendant(s) : 1, MR AJAY R MEHTA for Defendant(s) : 2, ========================================= ================ CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 29/09/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 29.09.2001 passed by the learned Extra Asst. Judge, Mehsana FA/824/2002 2/4 JUDGMENT in L.A.R. Case No.2862 of 1993 whereby, the said reference case was dismissed. 2. The facts in brief are that the respondent – Corporation proposed to acquire the land situated in Village Kalol, Taluka & District Mehsana, belonging to the appellant – claimant, for the purpose of a drilling project. Necessary procedure was initiated under the provisions of the Land Acquisition Act, 1894. After completion of all the legal formalities, the L.A.O. passed the award dated 20.02.1991 granting compensation @ Rs.24/- per sq. metre for the acquired lands. 3. Being aggrieved by the said award, the claimant preferred application before the authority requesting to refer the issue to the competent Court for adjudication, which, ultimately, came to be numbered as reference. The Court below, after appreciating the evidence on record, dismissed the said reference case. Hence, this appeal. 4. 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. One such award in respect of a similar land became the subject matter of challenge before this Court in First Appeal Nos.492/1995 & group matters FA/824/2002 3/4 JUDGMENT wherein, this Court awarded compensation ranging between Rs.35/- to Rs.40/- per sq. metre for the acquired lands. The said decision is reported in 1996 (1) G.L.R. 481 [Special Land Acquisition Officer & Anr. v. Patel Bhagwandas K. & Ors.]. 5. The aforesaid decision of this Court has attained finality as it has not been challenged before the higher forum. It is pertinent to note that the lands referred to in the aforesaid decision and the lands in question are adjoining to each other and have been acquired for the same purpose, i.e. for drilling. In the said decision, the Division Bench has elaborately discussed the issue of compensation awarded for the lands acquired for drilling purpose and for residential purpose. Hence, I am of the opinion that the same could be relied upon for determining the price of the land in question. 6. By accepting the view taken by the Division Bench in the aforesaid decision, I fix the compensation @ Rs.37/- per sq. metre for the acquired land. In the present case, the Notification u/s. 4 of the Act has been issued after a period of eight years and three months and therefore, by taking a rise of 10% per year for the entire period of eight years and 3 months, the total increase would come to Rs.30.71, meaning thereby, the claimant would be entitled for total compensation @ Rs.67.71 per sq. metre [37 + 30.71 = 67.71] and rounded off to Rs.68/- per sq. metre for the acquired lands. Since the L.A.O has awarded compensation @ Rs.24/- per sq. FA/824/2002 4/4 JUDGMENT metre for the acquired lands, the claimant will be entitled for additional compensation @ Rs.44/- per sq. metre. 7. For the foregoing reasons, the appeal is allowed. The impugned judgment and award of the reference Court is quashed and set aside. The claimant will be entitled for additional compensation @ Rs.44/- per sq. metre for the acquired land, over and above, Rs.24/- per sq. metre awarded by the L.A.O. with other statutory benefits. The appeal stands disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*