FA/7943/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 7943 of 1999 To FIRST APPEAL No. 7955 of 1999 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 ? ====================================== SPECIAL LAND ACQUISITION OFFICER NO. 1 Versus SHIVABHAI JOITARAM PATEL ====================================== Appearance : MR DR CHAUHAN, AGP for Appellants. MR AJ PATEL for Respondent. ====================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 11/08/2008 COMMON ORAL JUDGMENT 1. By way of these appeals, the appellants have challenged judgment and award dated 17-7-1998 passed by learned Assistant Judge, Mehsana in Land Reference Case No.104/1992 to 116/1992, whereby Reference FA/7943/1999 2/4 JUDGMENT Court has granted Rs.45/- and after deducting Rs.3.60 per sq.mtr., which was already awarded by Special Land Acquisition Officer, additional amount of Rs.41.84 was awarded. 2. The facts in brief, as emerging from record, are as under: 3. Executive Engineer, Himmatnagar, Irrigation Department, proposed to acquire lands situated at Village Racharda, Taluka Kalol, District Mehsana, for Santej-Ranchhodpura-Unal-Garodiya-Racharda Kans, i.e. for small water canal. On acceptance of proposal, Special Land Acquisition Officer has initiated proceedings for acquisition of said lands and Notification under Section 4 of the Act was published in a Government Gazette on 10-8-1989. Notification under Section 6 of the Act was published in Government Gazette on 11-1-1990. Both these notifications were also published in newspaper and were affixed at conspicuous place of the village where the lands in question are situated. Thereafter, notices under Section 9 of the Act were sent to affected persons and they appeared through their advocate before Special Land Acquisition Officer and claimed compensation at the rate of Rs.50/- for the acquired land. They also prayed to award solatium, interest etc. Thereafter, Special Land Acquisition Officer awarded compensation for the lands at the rate of Rs.3.16 per sq.mtr. He was further pleased to grant solatium, permissible rise and interest as per the provisions of the Land Acquisition Act, 1894. As the claimants were dissatisfied with said award, they sought Land Acquisition Reference under Section 18 of the Act. Accordingly, Land Acquisition Reference Nos.140 to 116/1992 came to be filed before Reference Court. 4. After considering the evidence on record, learned Assistant Judge, Mehsana vide judgment and award dated 17-7-1998 granted Rs.45/- per FA/7943/1999 3/4 JUDGMENT sq.mtr. as compensation and after deducting Rs.3.60 per sq.mtr., which was already awarded by Special Land Acquisition Officer, additional amount of Rs.41.84 was awarded. Being aggrieved by it, the appellants have filed this appeal. 5. Heard Mr.D.R.Chauhan, learned AGP appearing for the appellants and learned advocate, Mr.Patel for the respondents. 6. Learned AGP, Mr.Chauhan submitted that Special Land Acquisition Officer has passed award after considering all material facts and the same was not required to be disturbed by the Reference Court. He also submitted that on the quantum of compensation neither particulars were given nor evidence was led by the claimants. He further submitted that Reference Court has erred in awarding additional amount of Rs.41.84 per sq.mtr and also committed error while granting interest and solatium. He submitted that in view of above facts, this appeal may be allowed and the order of the Reference Court may be quashed and set aside. 7. On the other hand, learned advocate, Mr.Patel appearing for the claimants supported the judgment of the Reference Court and submitted that the lands in question are fertile and irrigation facility is available in the said lands. He also submitted that the claimants were taking three crops during the year from the said lands. He also submitted that the lands in question are capable of being converted into Non-agricultural lands. He also submitted that the market value of the lands in question was Rs.50 sq.mtr. at the relevant time. He also submitted that the lower Court has rightly relied upon judgment delivered in Land Acquisition Reference Nos.765 to 767/1990 at Exh.12, which is with regard to land FA/7943/1999 4/4 JUDGMENT of village Jaspur, and said judgment is confirmed by this Honourable Court as well as Honourable Supreme Court of India. Therefore, these appeals may be dismissed and the award of the Reference Court may not be disturbed. 8. I have considered the submissions made on behalf of both the side and also gone through the judgment of the trial Court and other relevant documents. Considering the fact that while passing impugned order, Reference Court has relied upon judgment, Exh.12, which is with regard to land of Jaspur, and the same is confirmed by this Court as well as by Honourable Supreme Court, order of the Reference Court is not required to be disturbed. Not only that, after considering the evidence on record, Reference Court has rightly awarded the amount of compensation. I am in complete agreement with the reasonings given and finding arrived at by the Reference Court while passing impugned award. No other evidence is shown to me to take a contrary view. Therefore, I do not find any reason to interfere with the impugned judgment. 9. For the reasons stated herein above, these appeals deserve to be dismissed and the same are dismissed with no order as to costs. (K.S.Jhaveri, J.) *malek