FA/2670/1997 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2670 of 1997 WITH X-OBJECTIONS No. 199 of 1998 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 ? ========================================================= STATE OF GUJARAT & 3 - Appellant(s) Versus MAHANTSHRI KALYANDASJI GOMATIDASJI - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL AGP for Appellant(s) : 1 - 4. MR PS CHAMPANERI for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 04/08/2008 ORAL JUDGMENT 1.0 This appeal is directed against the judgment and award FA/2670/1997 2/6 JUDGMENT dated 31.03.1997 passed by the learned Extra Assistant Judge, Surendranagar in Land Reference Case No. 2 of 1986 whereby, the said reference case was allowed. 2.0 The facts in brief giving rise to the filing of the present appeal are as under; 2.1 The appellant – State proposed to acquire the land belonging to the respondent – claimant for the purpose of constructing an approach road near an Auditorium. Therefore, Notification u/s. 4 of the Land Acquisition Act, 1894 [for short, “the Act”] was published on 21.05.1981. However, as the land sought to be acquired was found to be insufficient for the said purpose, another Notification u/s. 4 of the said Act was published on 12.04.1984. Thereafter, Notification u/s. 6 of the said Act was also issued. 2.2 After completing all the legal formalities, the competent authority of the appellant – State passed the award dated 27.02.1986 granting compensation @ Rs.15/- per sq. metre for the acquired lands. FA/2670/1997 3/6 JUDGMENT 2.3 Being aggrieved by the said award, the claimant preferred application before the authority requesting to refer the issue to the competent Court, which, ultimately, came to be referred to the competent Court in the form of reference. 2.4 The reference Court, after hearing the parties and after considering the evidence on record, passed the impugned judgment and award and granted compensation @ Rs.70/- per sq. metre for the acquired land. The reference Court also granted 30% solatium on the enhanced amount of compensation, interest @ 12% per annum from 21.05.1981 to 27.02.1986 and statutory interest u/s. 28 of the said Act. Against the said judgment and award, the appellant – State has approached this Court by way of this appeal. 3.0 Ms. Trusha Patel, learned A.G.P. appearing on behalf of the appellant – State, submitted that the compensation awarded by the reference Court is on the higher side in view of the fact that the land at Exhibit – 45 was N. A. land and a small plot admeasuring 216.37 sq. metres. Therefore, the reference Court ought to have FA/2670/1997 4/6 JUDGMENT deducted 33% price for converting agricultural land into N.A. land and 20% price for the smallness of the land and accordingly, the price assessed by the reference Court deserves to be reduced. 4.0 Mr. P. S. Champaneri, learned Advocate for the respondent – claimant, submitted that the first Notification u/s. 4 of the Act in respect of the land in question was published on 21.05.1981 and therefore, the reference Court ought to have take into consideration the sale instance at Exhibit – 45 of Survey No. 608 for assessing the market value. He has further submitted that the reference Court has committed an error in assessing the market value of the land by deducting 58% of the amount considering the fact that there was a steep rise in the land prices at the relevant point of time. He has, therefore, submitted that the amount of compensation deserves to be enhanced. 5.0 Heard learned counsel for the parties and perused the documents on record. The Notification u/s. 4 of the Act in respect of the land in question was published on 12.04.1984. As per the sale instance at Exhibit – 45, which was executed on 03.03.1984, the FA/2670/1997 5/6 JUDGMENT price of the land was Rs.166.36 per sq. metre. In my opinion, the reference Court was justified in relying upon the sale instance at Exhibit – 45 for assessing the market value of the land in question since it was executed just a month prior to the publication of the Notification u/s. 4 of the Act. 6.0 It is true that the land at Exhibit – 45 was N.A. land ad- measuring 216.37 sq. metres. In the present case, the acquisition is of a land with an area of more than 12,000 sq. metres. Therefore, necessary deductions are required to be made for assessing the market value. 7.0 The reference Court has assessed the market value of the land in question at Rs.70/- per sq. metre, by deducting an amount of Rs.96/- from Rs.166/-, being 58% of the said amount. Now, if we accept the contention raised by the appellant – State, then 33% price is required to be deducted for converting agricultural land into N.A. land and 20% price towards the smallness in the area of land, meaning thereby, that an aggregate of 53% price is required to be deducted from Rs.166/-, which comes to Rs.78/- per sq. FA/2670/1997 6/6 JUDGMENT metre, which, in my opinion, is just and reasonable. However, since the reference Court has awarded Rs.70/- per sq. metre, the claimant shall be entitled for an additional Rs.8/- per sq. metre. 8.0 In the result, the Appeal is dismissed. The cross-objection filed by the claimant is allowed. The claimant will be entitled an additional amount of Rs.8/- per sq. metre for the acquired lands, along with all other benefits, as awarded by the reference Court. The rest part of the impugned judgment and award stands confirmed. Both the appeal as well as the cross-objection stands disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*