FA/3471/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3471 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 ? ========================================================= SPL.LAQ OFFICER - Appellant(s) Versus RAMSINH CHANDANSINH VAGHELA & 1 - Defendant(s) ========================================================= Appearance : MR DR CHAUHAN AGP for Appellant(s) : 1, MR AJ PATEL for Defendant(s) : 1, None for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 06/08/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 17th April, 2003, passed by the learned 2nd Extra Assistant Judge, & Special Judge [L.A.R.] Ahmedabad Rural in Land Acquisition Case No. 595 of 1998 whereby, FA/3471/2008 2/3 JUDGMENT the Reference Court has awarded an additional amount of Rs.82.90 per sq.mtr. for the lands in question over and above the compensation already awarded by the Land Acquisition Officer with running interest @ 12% from the date of publication of notification. 2.0. The short facts of the case are :- 2.1. The lands in question were required for the purpose of Narmada Canal. 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 4th May, 1992 and declaration under Section 6 of the Act was published on 5th November, 1992. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 6th September, 1994. 2.2. 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.82.90 per sq.mtr. by judgment and award dated 17th FA/3471/2008 3/3 JUDGMENT April, 2003. 2.3. The Special Land Acquisition Officer being aggrieved by the said award of the learned trial Court has filed this appeal under Section 54 of the Act. 3.0. Heard learned counsel for the respective parties. The learned trial Judge while passing the impugned award has relied upon the decision of this Court rendered in First Appeal No. 712 of 2000 whereby, the Court had fixed the market value of the irrigated land of village Godhavi at Rs.85.00 per sq.mtr. Apart from that the lands in question acquired in the present case and the lands acquired in earlier L.A.R. No. 218/96 are adjacent to each other. Thus, the learned trial Court was justified in enhancing the impugned award. 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 appeal is, therefore, dismissed. No order as to costs. [K.S. JHAVERI, J.] /phalguni/