FA/4221/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4221 of 2007 To FIRST APPEAL No. 4225 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE DN PATEL ========================================================= 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 ? ========================================================= PROJECT OFFICESARDAR SAROVAR NARMADA NIGAM LTD. & 2 - Appellants Versus BHAILALBHAI RANCHHODBHAI PATEL - Defendant ========================================================= Appearance in FA Nos.4221 and 4222 of 2007 : MR K.T.DAVE, AGP for the Appellants. MR J.M.PATEL WITH MR AJ PATEL for the Defendant. Appearance in FA Nos.4223 to 4225 of 2007 : MR K.L.PANDYA, AGP for the Appellants. MR J.M.PATEL WITH MR AJ PATEL for the Defendant. ========================================================= CORAM : HONOURABLE MR.JUSTICE DN PATEL Date : 28/01/2008 ORAL JUDGMENT FA/4221/2007 2/5 JUDGMENT These First Appeals have been preferred against the judgment and award dated 31st December,2004 passed by learned Civil Judge (S.D.), Bharuch in Land Reference Cases No.1727 to 1731 of 1997. 2. It appears that the land in question was acquired by the State of Gujarat for Narmada Project. The said land is situated at Village: Gajera, Taluka: Jambusar, District:Bharuch. It appears that the notification under Section 4 of the Land Acquisition Act, was published on 19/6/1995 and notification under Section 6 was issued on 30/11/1995. The Land Acquisition Officer has awarded compensation at the rate of Rs.3.90 per sq.metre. This compensation was challenged by way of Land Reference Cases and in which, the Trial Court has awarded total compensation at the rate of Rs.21.35ps. per sq.metre vide order dated 31/12/2004. Against this order passed in Land Reference Cases, the present First Appeals have been preferred by State of Gujarat. 3. Having heard the learned counsel for both the sides and looking to the evidence on record, it appears that the Trial Court has basically relied upon Exh-12, which is for Village: Uchhad, Taluka: Jambusar, District: Bharuch. For the same purpose, the District Court has awarded compensation at the rate of Rs.7.10 ps. per FA/4221/2007 3/5 JUDGMENT sq.metre. As this earlier award in land acquisition was not challenged, this judgement was relied upon and Rs.21.35 ps. per sq.metre was awarded by adding interest, because earlier award for nearby village: Uchhad, was for the year 1983. The notification was of the year 1983. Therefore, Rs.21.35 ps. per sq.metre was awarded with interest. It appears that this Court has decided in following cases: First Appeal Nos. Date of decision Price awarded per sq.metre F.A.Nos.961 to 970 of 2007 27/02/2007 15/- F.A.No. 1648 of 2007 22/03/2007 15.70/- F.A.No. 1748 of 2007 29/03/2007 16/- F.A.No.4174 of 2007 17/04/2007 16/- Thus, the aforesaid decisions have been given for the very same village i.e. for the Village: Gajera, Taluka: Jambusar, District: Bharuch. Same Exh-12 was relied upon i.e. of the nearby village: Uchhad. Thus, in all the aforesaid matters, this Court has fixed compensation at the rate of Rs.15/- to 16/- per sq.metre. In the facts of the present cases, it appears that the notifications under Sections 4 and 6 are of month of June,1995 and November,1995, in the near vicinity of Section 4 and Section 6 notifications of the present case. Lands in aforesaid cases, are comparable with the land acquired in the present case. They are of the same FA/4221/2007 4/5 JUDGMENT village. 4. Learned counsel for the respondent submitted that it should be fixed at the rate of Rs.16/- per sq.metre but looking to the aforesaid judgments and comparing with the notifications issued under Section 4 and 6 of the Land Acquisition Act and looking to the facts and circumstances of the case, the compensation is hereby fixed at the rate of Rs.15.75 ps. per sq.metre. The order passed by the Trial Court is hereby modified. Rest of the order passed by the Trial Court is hereby confirmed. 5. For the foregoing reasons, all the appeals partly succeed. The common judgement and award dated December 31,2004 rendered by the learned Civil Judge (SD), Bharuch in Land Reference Cases No.1727 to 1731 of 1997 awarding all compensation to the claimants at the rate of Rs.21.35 ps. per sq.metre for their acquired lands, is hereby modified and it is held that the claimants in all would be entitled to compensation at the rate of Rs.15.75 ps. per sq.metre. The other benefits granted to the claimants by the impugned award are not interfered with at all and are hereby confirmed. The appeals are allowed to the aforesaid extent. There shall be no orders as to costs. The Registry is directed to FA/4221/2007 5/5 JUDGMENT draw the decree in terms of this judgement immediately. (D.N.PATEL,J) *dipti