FA/7957/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 7957 of 1999 To FIRST APPEAL No. 7969 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 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 ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= STATE OF GUJARAT & 1 - Appellant(s) Versus PARSHOTTAMBHAI MAGANBHAI PATEL & 2 - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL, AGP WITH MR SS SHAH, GP for Appellant(s) : 1 – 2. MR NS SHEVADE for Appellant(s) : 2, MR DEEPAK P SANCHELA for Defendant(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 01/09/2008 ORAL JUDGMENT FA/7957/1999 2/3 JUDGMENT 1. By way of present appeals, the State has challenged the judgment and award dated 21/4/1999 passed by the learned Assistant Judge, District-Sabarkantha at Himmatnagar in Land Reference Case Nos.2691 to 2703 of 1989, whereby the Reference Court has allowed the references and awarded compensation at the rate of Rs.3,850/- for the irrigated lands and Rs.3,920/- for non-irrigated land by relying upon Exh.19 and 20. 2. Brief facts of the case are that for acquiring the agricultural lands of the applicants situated in the sim of village Bayad, the Deputy Collector, Modasa published a Notification under Section 4 of the Land Acquisition Act on 1/3/1980 and declared his award on 17/1/1982 and awarded the amount of compensation at the rate of Rs.150/- per Are for irrigated land and Rs.80/- per Are for non-irrigated land. As per the say of claimants, price of lands acquired was Rs.40/- per sq. mtr. on the date of notification under Section 4 of the Land Acquisition Act. Therefore, they have filed references before the Court of learned Assistant Judge, Sabarkantha at Himmatnagar. After considering the case of the applicants, the learned Judge has awarded the amount of compensation as stated above. 3. Heard the learned advocates for the respective parties. FA/7957/1999 3/3 JUDGMENT 4. Learned counsel for the appellants contended that against the very same Exh.20 and Section 4 Notification, this Court by judgment and order dated 16/3/2000 has partly allowed the First Appeals preferred by the State and has awarded compensation of Rs.38.25 per sq. mtr. instead of Rs.45/- which was granted by the Reference Court. He further submitted that there was a time gap of three months which is required to be taken into consideration. 5. The only contention requires to be considered is the time gap between the Section 4 Notification and Exh.20 which is of three months. Therefore, the claimants will be entitled to rise of 95 paisa on the said basis. Learned advocate for the respondents is unable to contest this aspect of the matter. 6. In the premises aforesaid, the claimants will be entitled to get in all Rs.37.30. These First Appeals are allowed to the aforesaid extent. The award of the Tribunal is modified to the aforesaid extent. (K.S.JHAVERI, J.) (ila)