FA/569/2008 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 569 of 2008 With FIRST APPEAL No. 570 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE J.R.VORA HONOURABLE MR.JUSTICE M.R. SHAH ============================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 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 ============================================= GUJARAT HOUSING BOARD - Appellant(s) Versus CHIMANLAL BHAGVANDAS & 3 - Defendant(s) ============================================= Appearance : MR YF MEHTA for Appellant MR VAKHARIA for Defendant(s) : 1 - 4. ============================================= CORAM : HONOURABLE MR.JUSTICE J.R.VORA and HONOURABLE MR.JUSTICE M.R. SHAH Date : 20/02/2008 ORAL JUDGMENT FA/569/2008 2/7 JUDGMENT (Per : HONOURABLE MR.JUSTICE M.R. SHAH) 1. Both these appeals are by the common appellant Gujarat Housing Board-original opponent – acquiring body, challenging the common judgment and award passed by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) dated 30.12.2005 passed in Land Acquisition Cases No.571/87 and 572/87 in awarding the compensation for the acquisition of the land in question at Rs.30/- per sq.mtr. as an additional compensation over and above the compensation already awarded by the Land Acquisition Officer. 2. The lands in question came to be acquired for Gujarat Housing Board and the Executive Engineer, Gujarat Housing Board, Division No.2, Ahmedabad, sent the proposal to the Government for acquisition of the lands in question and a notification under Sec.4 of the Land Acquisition Act (hereinafter referred to as “the Act') came to be published on 27.1.1983. That thereafter notification under Sec.6 of the Act came to be published and thereafter the Special Land Acquisition Officer declared the award on 17.9.1986 determining the market price of the land at the rate of Rs.7/- per sq.mtr., for the acquired lands. That the respondents herein-original claimants-land owners were not satisfied with FA/569/2008 3/7 JUDGMENT the award declared by the Special Land Acquisition Officer awarding the compensation for the acquired land consisting the market price at the rate of Rs.7/- per sq.mtr., they submitted the reference applications under Section 18 of the Act which were referred to the Reference Court. Before the Reference Court, they prayed for Rs.150/- per sq.mtr., for the acquired land. The Reference Court by common judgment and award dated 17.1.1989 partly allowed the references being Land Reference Cases No.571/87 and 572/87 directing the appellant to pay additional Rs.30/- per sq.mtr., i.e. fixing the market price of the land in question at Rs.37/- per sq.mtr. 2.1 Being aggrieved and dissatisfied with the judgment and award dated 17.1.1989 passed in Land Reference Case No.571/87 and Land Reference Case No.572/87, the Special Land Acquisition Officer preferred First Appeals No.883/89 and 884/89 which came to be heard by the Division Bench of this Court (Coram: M.H.Kadri & D.P.Buch, JJ.) and the Division Bench partly allowed both the appeals by judgment and order dated 1.8.2000 and quashed and set aside the aforesaid common judgment and award and remanded back the reference applications to the Reference Court for deciding the same afresh considering the observations made in the FA/569/2008 4/7 JUDGMENT common judgment and order. 2.2 Thereafter on remand the Reference Court i.e. 4th Additional Senior Civil Judge, Ahmedabad (Rural) again by his common judgment and order dated 30.12.2005 has partly allowed the aforesaid references determining the market value of the acquired land at the rate of Rs.37/- per sq.mtr., and as the Land Acquisition Officer has awarded Rs.7.00/- per sq.mtr., has directed the respondent herein to pay the compensation at the rate of Rs.30.00/- per sq.mtr. as additional compensation over and above the compensation already awarded by the Land Acquisition Officer along with other statutory benefits available under the Act. 2.3 Feeling aggrieved and dissatisfied with the common judgment and award dated 30.12.2005 passed in Land Acquisition Cases No.571/87 and 572/87, the common appellant herein – Gujarat Housing Board has preferred the present two First Appeals under Sec.54 of the Land Acquisition Act. 3. Shri Y.F.Mehta, learned advocate appearing on behalf of the appellant has vehemently submitted that the Reference FA/569/2008 5/7 JUDGMENT Court has materially erred in awarding additional compensation at the rate of Rs.30/- per sq.mtr., fixing the market price of the land in question at Rs.37/- per sq.mtr. It is submitted that the Reference Court has not considered the unreported decision of this Court where the market price of the land was fixed at Rs.95.50/- in the year 1995 for the same village land and considering the same, the additional amount would not have been more than Rs.90/- per sq.mtr. It is submitted that there were no convincing reasons to grant Rs.30/- per sq.mtr., as an additional amount. Therefore it is requested to allow the present appeals. 4. Both these appeals are opposed by Mr.Vakharia, learned advocate appearing on behalf of respondents-original claimants. It is submitted that as such the references were not opposed and/or the claim petitions were not resisted by the appellant as no written statement was filed on behalf of the appellant. It is submitted that even otherwise the judgment and award passed by the Reference Court awarding the additional compensation at the rate of Rs.30/- per sq.mtr., is on lower side and in fact even the claimants also preferred First Appeal No.2636 of 2007 before this Court against the very impugned judgment and award passed by the Reference FA/569/2008 6/7 JUDGMENT Court. However, the same came to be dismissed. Under the circumstances, it is requested to dismiss the present appeals. 5. Heard the learned advocates appearing on behalf of the respective parties. We have called for the Record & Proceedings of the respective references from the trial court and the same is available with us and we have also gone through the documentary as well as oral evidences produced on record and we have considered the judgment and award passed by the Reference Court in detail. At the outset, it is required to be noted that, in fact, the respondents-original claimants were also dissatisfied with the quantum of compensation awarded by the Reference Court impugned in the present appeals and they preferred First Appeal No.2636 of 2007, however the same came to be dismissed by this Court vide order dated 14.2.2008 and the impugned judgment has been confirmed. 6. It is also required to be noted that the appellant- acquiring body - Gujarat Housing Board, did not file any written statement before the Reference Court to resist the claim petitions. The Reference Court has relied upon the deposition of one Hasmukhbhai Bhagwanbhai and deposition FA/569/2008 7/7 JUDGMENT of one Jurubha Sardarsing Vaghela. The Reference Court has considered the sale transaction with respect to the land in the vicinity of that area, and considering the same, the Reference Court has awarded the additional compensation at the rate of Rs.30/- per sq.mtr., fixing the market price of the land in question at the rate of Rs.37/- per sq.mtr., which in the facts and circumstances of the case can not be said to be on higher side and/or contrary to the evidence on record. On considering the same, we do not think that the interference of this Court is called for. 7. Under the circumstances, and in the facts and circumstances of the case, we see no reason to interfere with the impugned judgment and award passed by the Reference Court. Hence, both these appeals deserves dismissal and accordingly the appeals are dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs. ( J.R. VORA, J. ) ( M.R. SHAH, J. ) syed/