FA/96620/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 966 of 2008 To FIRST APPEAL No. 983 of 2008 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 & 1 - Appellant(s) Versus DHANJIBHAI KALIDAS PATEL - Defendant(s) ========================================================= Appearance : MR SUNIT SHAH GP WITH MS. TRUSHA PATEL AGP for Appellant(s) : 1 - 2. RULE NOT RECD BACK for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 20/08/2008 ORAL JUDGMENT 1. These appeals are directed against the judgment and award dated FA/96620/2008 2/4 JUDGMENT 31.03.2006 passed by the learned 4th Addl. Sr. Civil Judge, Ahmedabad [Rural] at Navrangpura in L.A.R. Case Nos.57/2003 to 73/2003 & 206/2003 whereby, the said references were partly allowed. 2.0 The facts in brief are that the appellant – State proposed to acquire the lands situated in Village Kathwada, Taluka Daskroi, District Ahmedabad, belonging to the respondent – claimants, for the purpose of constructing the Narmada Canal under the provisions of the Land Acquisition Act, 1894. Notification u/s. 4 of the said Act was published on 19.02.2000 and Notification u/s. 6 was published on 11.05.2000. On completion of all the legal formalities, the S.L.A.O., by award dated 10.05.2002, granted compensation @ Rs.10.50 per sq. metre for the acquired lands. 2.1 Being aggrieved by the said award, the claimants preferred applications requesting to refer the dispute to the competent Court for adjudication, which, ultimately, culminated into references before the Court below. 2.2 The reference Court, after appreciating the evidence on record, partly allowed the references by awarding additional compensation @ Rs.101.90 per sq. metre over the above the compensation awarded by the S.L.A.O. Against the said award, the appellant – State has approached this Court by way of these appeals. 3. Heard learned counsel for the appellant – State and perused the documents on record. It transpires from the record that on the northern side of Village Kathwada, i.e. the Village from which the present FA/96620/2008 3/4 JUDGMENT acquisitions have been made, Village Bilasiya is situated. In the cross- examination, the claimants have admitted that said Village Bilasiya is adjoining to their Village and that the lands acquired in the present case and those of Village Bilasiya were having similar potentials and were acquired for the same purpose. 4. Notification u/s. 4 of the Act in respect of the said lands situated in Village Bilasiya was published on 17.03.2001 and the reference Court awarded total compensation @ Rs.79.50 per sq. metre. Therefore, in my opinion, the Court below ought to have relied upon the award passed in respect of the said lands situated in Village Bilasiya, as the Notification u/s. 4 in respect of the said lands was published on 17.03.2001 and in the present case, it was published on 19.02.2000, i.e. a time-gap of one year and one month. Thus, if we follow the award passed in respect of the lands situated in Village Bilasiya, the claimants shall be entitled for the same amount, i.e. Rs.79.50 per sq. metre for their acquired lands. 5. Now, if we take 10% rise for one year, the total rise would come to 10.833%, meaning thereby, an amount of Rs.8.61 per sq. metre is to be reduced. Therefore, the claimants will be entitled for in all Rs.70.89 per sq. metre for their acquired lands instead of Rs.111.90 per sq. metre awarded by the reference Court. 6. In the result, the appeals are partly allowed. The impugned award of the reference Court is modified to the extent that the claimants will be entitled for total compensation @ Rs.70.89 per sq. metre instead of what has been awarded by the Court below. The rest part of the impugned award stands confirmed. The appeals stand disposed of accordingly. No FA/96620/2008 4/4 JUDGMENT order as to costs. R & P to be sent back to the trial Court concerned forthwith. [K. S. JHAVERI, J.] Pravin/*