FA/98420/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 984 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 - Appellant(s) Versus THAKORE BHARATBHAI KALAJI - Defendant(s) ========================================================= Appearance : MR SUNIT SHAH G.P. WITH MS. TRUSH PATEL AGP for Appellant(s) : 1 - 2. None for Defendant(s) : 1, MR KM SHETH for Defendant(s) : 1.2.1, 1.2.2,1.2.3 ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 20/08/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 31.03.2006 passed by the learned 4th Addl. Sr. Civil Judge, Ahmedabad [Rural] at Navrangpura in L.A.R. Case Nos.691/2003 to 695/2003 FA/98420/2008 2/3 JUDGMENT whereby, the said references were partly allowed. 2.0 The facts in brief are that the appellant – State proposed to acquire the lands belonging to the respondent – claimants for the purpose of constructing the Narmada Canal under the provisions of the Land Acquisition Act, 1894. Notification u/s. 4 of the said Act was published on 24/08/2000 and Notification u/s. 6 was published on 30/01/2001. On completion of all the legal formalities, the S.L.A.O., by award dated 24/07/2002, granted compensation @ Rs.10.50 per sq. metre for the acquired lands. 2.1 Being aggrieved by the said award, the claimants preferred applications requesting to refer the dispute to the competent Court for adjudication, which, ultimately, culminated into references before the Court below. 2.2 The reference Court, after appreciating the evidence on record, partly allowed the references by awarding additional compensation @ Rs.103.40 per sq. metre, over the above the compensation awarded by the S.L.A.O. Against the said award, the appellant – State has approached this Court by way of these appeals. 3. Heard learned counsel for the appellant – State and perused the evidence on record. The lands in question are situated in the sim of Village : Kathwada, Taluka : Daskroi, District : Ahmedabad. In respect of some adjoining lands situated in the same Village, this Court has awarded total compensation of Rs.75.50 per sq. metre for the acquired lands by a decision passed in First Appeal No.4870/2007 and group FA/98420/2008 3/3 JUDGMENT matter decided on 04.08.2008. Therefore, the claimants in these appeals will also be entitled for the same amount, i.e. Rs.75.50 per sq. metre. Since the S.L.A.O. has awarded compensation @ Rs.10.50 per sq. metre for the acquired lands, the claimants will be entitled for additional compensation @ Rs.65.00 per sq. metre. 4. In the result, the appeals are partly allowed. The impugned award of the reference Court is modified to the extent that the claimants will be entitled for additional compensation @ Rs.65/- per sq. metre instead of what has been awarded by the Court below. The rest part of the impugned award stands confirmed. The appeals stand disposed of accordingly. No order as to costs. R & P to be sent back to the trial Court concerned forthwith. [K. S. JHAVERI, J.] Pravin/*