FA/117920/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1179 of 2008 To FIRST APPEAL No. 1182 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 ACQ. OFFICER & 1 - Appellant(s) Versus PATEL MAHESHBHAI AMBALAL - Defendant(s) ========================================================= Appearance : MR APURVA DAVE AGP for Appellant(s) : 1 - 2. MR JAYESH PATEL for 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/117920/2008 2/3 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 Matar Blinder Minor No. 3 Canal under Narmada 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 24th April, 1996 and declaration under Section 6 of the Act was published on 31st March, 1997. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 23rd June, 1996. 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.36.50 per sq.mtr. by judgment and award dated 31st December, 2004. 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. FA/117920/2008 3/3 JUDGMENT 3.0. Heard learned counsel for the respective parties. The claimants in his deposition before the Court below has categorically stated in his deposition, as to the kinds of crops, quantity thereof and also proved the average price of the commodities, but there is no evidence on the part of the claimants as to the quantity, they were fetching on the date of the notification, published under Section 4 of the Act. Thus it is established that no documentary evidence was produced before the Court below. The reference Court has minimized the value of the acquired land keeping in mind that factor of exaggeration at Rs.36/-, which in my opinion is just and reasonable. 4.0 In view of the above, the impugned award passed by the learned trial Court is just and proper and no interference is called for by this Court. The appeals are therefore, dismissed. No order as to costs. [K.S. JHAVERI, J.] /phalguni/