FA/1507/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1507 of 2008 To FIRST APPEAL No. 1539 of 2008 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. ========================================================= DY. COLLECTOR & 1 - Appellant(s) Versus AEMDUBHA ATUBHA - Defendant(s) ========================================================= Appearance : GOVERNMENT PLEADER for Appellant(s) : 1 - 2. MR AJ PATEL for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 04/08/2008 ORAL JUDGMENT 1. By way of these appeals, the appellants have challenged the FA/1507/2008 2/4 JUDGMENT judgment and award dated 4/5/2006 passed by the Court of the learned 4th Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura in Land Acquisition Reference Case Nos.180 to 210 of 2005 and Land Acquisition Reference Case Nos.212 to 213 of 2005. 2. The brief facts of the case are that the land of the original claimants situated in the sim of village Keriya, Taluka:Ranpur (Dhandhuka), District:Ahmedabad for the purpose of Sukhbhadar Irrigation Yojana. The Notification under Section 4 of the Land Acquisition Act 1984 was published on 1/1/1996 whereas the Notification under Section 6 was published on 1/9/1996. After following due procedure the Deputy Collector, Land Acquisition Officer by his award dated 31/12/1997 awarded compensation for the acquired land at the rate of Rs.1.20 and 1.60 per sq. mtr. in respective cases for the acquired land as against the claim of the claimants. Being aggrieved by the same, the original claimants have preferred references under Section 18 of the Land Acquisition Act. The said references were heard by the Court of learned 4th Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura, who vide his judgment and award dated 4/5/2006 was pleased to award the compensation at the rate of Rs.23.40 per sq. mtr. as additional compensation over and above the compensation already awarded by the Special Land Acquisition Officer. Being FA/1507/2008 3/4 JUDGMENT aggrieved by the said award of the learned 4th Additional Senior Civil Judge, these appeals are filed. 3. The Trial Court in para 12 and 18, relied upon Exh.62 which is the award passed in Land Reference Case No.79 of 1989 and other matters and Exh.63 which is the award passed in Land Reference Case No.354 of 1999 and allied matters. The award passed in Land Reference Case No.354 of 1999 and allied matters were challenged by way of appeals being First Appeal Nos.370 of 2008 to 382 of 2008 before this Court. The said appeals were dismissed vide judgment and order dated 4/7/2008. In view of the observations made by this Court in para-4 of the aforesaid judgment, these appeals also deserve to be dismissed. Para-4 of the judgment dated 4/7/2008 passed in First Appeal Nos.370 to 382 of 2008 reads as follows: “4) On the basis of the evidence adduced by the parties, the Reference Court was of the opinion that the previous award of the Reference Court relating to the lands of village Dharpipla rendered in Land Acquisition Case Nos.72 of 1989 to 101 of 1989 (Exhibit 36) was a relevant piece of evidence for the purpose of determining the market value of the lands acquired in the present case. The Reference Court noticed that notification under Section 4(1) of the Act was published in the Official Gazette on 23/7/1984 for acquiring the lands of village Dharpipla whereas in the instant case it was in the instant case it was published in the Official Gazette on 4/9/1995 and as there was time gap about 11 years, the claimants were entitled to reasonable rise in price of lands at the rate of 10% per annum. In the ultimate analysis, the Reference Court has awarded additional amount of compensation at the rate of Rs.24/- per sq. mtr. to the claimants by the impugned award, which has given rise to FA/1507/2008 4/4 JUDGMENT the present appeals.” 4. In that view of the matter, these appeals are required to be dismissed. The same are dismissed accordingly. No order as to costs. 5. It is made clear that Exh.62 is already accepted by this Court. (K.S.JHAVERI, J.) (ila)