FA/351520/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3515 of 2008 To FIRST APPEAL No. 3525 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 KANCHANBEN & 1 - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL AGP for Appellant(s) : 1, MR NITIN AMIN for Defendant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8,1.2.9 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 07/08/2008 ORAL JUDGMENT 1.0 These appeals are directed against the judgment and award FA/351520/2008 2/3 JUDGMENT dated 02.05.2003 passed by the learned 2nd Extra Assistant & Special Judge (L.A.R.), Ahmedabad (Rural) in Land Acquisition Case Nos. 994/1998, 995/1998 and 1159/1998 to 1167/1998 whereby, the said cases were partly allowed. 2.0 The facts in brief are that the lands of the claimants situated at Village Khas, Taluka Dhanduka, District Ahmedabad were acquired for the purpose of constructing the Naramada Canal. On completion of all the legal formalities, the Special Land Acquisition Officer by award dated 28.07.1997 granted compensation @ Rs.1.35 per sq. metre. Being aggrieved by the same, the claimants preferred applications before the S.L.A.Q. requesting to refer the issue to the competent Court, which, ultimately, culminated into references. The reference Court, after appreciating the evidence on record, partly allowed the references. Being aggrieved the same, the appellant has approached this Court by way of these appeals. 3.0 Heard learned counsel for the respective parties. While passing the impugned award, the reference Court has relied upon an award passed in an earlier case being L.A.R. No.334 of 1988 dated 06.01.1997 wherein, the reference Court has awarded an amount of Rs.12.50 per sq. metre as compensation for the acquired lands. The said award was confirmed in appeal by this Court in First Appeal No.3712 of 1997. 4.0 In that case, the Notification u/s.4 in L.A.R. No.334 of 1988 was published on 14.03.1984. In the present case, the said Notification was published on 17.05.1975, i.e. after a period of 11 years and 2 months FA/351520/2008 3/3 JUDGMENT and by taking 10% rise p.a. for every year, on the basis of a decision of this Court passed in S.L.A.Q., Bharuch v. Motibhai Mohanbhai reported in 1997(2) G.L.H. 773, the reference Court assessed the market value of the land at Rs.25/- per sq. metre. Considering the facts of the case, I am of the opinion that the Court below was completely justified in passing the impugned award. I am in complete agreement with the reasonings given by and the findings arrived at by the reference Court and hence, find no reasons to interfere in these appeals. 5.0 For the foregoing reasons, the appeals are dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*