FA/3325/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3325 of 2008 To FIRST APPEAL No. 3332 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. ========================================================= STATE OF GUJARAT & 2 - Appellant(s) Versus SHANTILAL DESAIBHAI & 9 - Defendant(s) ========================================================= Appearance : MS KRINA CALLA, AGP for Appellant(s) : 1 - 3. None for Defendant(s) : 1, MR SP MAJMUDAR for Defendant(s) : 2 - 10. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 15/09/2008 ORAL JUDGMENT 1. By way of these appeals, the appellants have challenged FA/3325/2008 2/4 JUDGMENT judgment and award dated 24/2/2005 passed by the learned Civil Judge (SD) Bharuch in Land Acquisition Reference Case No.2080 of 1997 and other allied matters, whereby the learned Judge has allowed all the applications partly and awarded compensation at the rate of Rs.46/- in all. 2. The facts in brief, as emerging from record, are that the lands of the original claimants situated in sim of village Saladara, Taluka-Vaghra, District-Bharuch were proposed to be acquired for the purpose of Narmada Canal Project and Notification under Section 4 of the Land Acquisition Act was published for that purpose on 28/1/1995 whereas the Notification under Section 6 was published on 4/6/1996. In response to the notice the claimants appeared before Special Land Acquisition Officer and prayed for award of compensation at the rate of Rs.70/- per sq.mtr. It was contended by the claimants that their lands are irrigated land and they are taking three to four crops during the year. After following due procedure, Special Land Acquisition Officer awarded compensation at the rate of Rs.307.50 per Are by award dated 27/1/1997. 4. Being aggrieved by aforesaid award of Special Land Acquisition Officer, the original claimants preferred Reference under Section 18 of the Act before learned Civil Judge (SD), Bharuch. After considering the evidence on record, learned Judge FA/3325/2008 3/4 JUDGMENT partly allowed said reference and granted additional compensation to the claimants at the rate of Rs.46/- per sq.mtr. in all. Being aggrieved by it, the appellants herein have filed these appeals. 5. Heard Ms.Krina Calla, learned AGP appearing for the appellants and learned advocate, Mr.Majmudar, appearing on behalf of the respondents. 6. Learned AGP, Ms.Calla submitted that Special Land Acquisition Officer had granted Rs.307.50 per Are for the acquired lands, inspite of that the Reference Court has granted Rs.46/- in all for the lands acquired and thereby a mistake is committed by the Reference Court while passing impugned award. 7. In the aforesaid case, the Trial Court has relied upon the previous judgment at Exh.33 wherein the Notification under Section 4 of the Act was published on 28/4/1989 and the amount awarded by the Court was Rs.38 per sq. mtr. The lands in that case was irrigated lands. In the present case the Notification under Section 4 is published on 6/12/1995. Therefore, the difference is of 5 years and 9 months. So far as the rise in price is concerned, the present lands are non-irrigated land and therefore, there will be deduction of 33% from the irrigated lands. Also the Civil Court has erred in calculating the time gap between the two notifications as 7 years and 2 months whereas in fact it is 5 years and 9 months. FA/3325/2008 4/4 JUDGMENT 8. In the premises aforesaid, relying upon the previous judgment wherein the amount awarded was Rs.38/- per sq. mtr., if reduced at 33%, it will come to Rs.26.34 per sq. mtr and calculating the rise in price for the time gap of 5 years and 9 months will come to around 15.14 per sq. mtr. In all therefore, the total amount to be awarded in the present case will be Rs.26.34 per sq. mtr. + Rs.15.14 per sq. mtr. which comes to Rs.41.48 per sq. mtr. 8. Accordingly, these appeals are allowed to the aforesaid extent. It is held that the claimants will be entitled to Rs.41.48 per sq. mtr. The award of the Tribunal is modified accordingly. No order as to costs. (K.S.Jhaveri, J.) (ila)