FA/848/1983 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 848 of 1983 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 ? ========================================================= MANEK JAMSHEDJI RATANSHA GEARAPARSI PANCHAYAT OFFICE & 8 - Appellant(s) Versus SPL LAND ACQUISITION OFFICER - Defendant(s) ========================================================= Appearance : MRS KETTY A MEHTA for Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8,1.2.9 GOVERNMENT PLEADER for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 16/05/2008 ORAL JUDGMENT 1. By way of this appeal, the appellants have challenged the judgment and order dated 27.7.1982 FA/848/1983 2/4 JUDGMENT passed by the learned Extra Assistant Judge, Surat in Land Reference Case No. 78 of 1980, whereby, the claim of the present appellants was partly allowed. 2. The facts of the case is that the proposal was made for constructing of flood ambarkment on the left/bank of river Tapi by the Collector, Surat from the Executive Engineer, Tapi, Left Bank Embarkment Division Surat. Thereafter, the Notification under sec. 4 of the Act dated 6.11.1973 and was published in Gujarat Government Gazette on 27.12.1973 and notification under sec. 6 was also issued on 2.8.1976 and published in the Gazette of Government of Gujarat on 12.8.1976. On publication of the said Notification, publish notices under sec. 9(1)(2) were published at public places to the interested parties. After making the enquiry for the acquisition of the land in question the Special Land Acquisition Officer was pleased to acquire the land bearing S. No. 149 of the area of the land acquired was are 45.54 sq. mts. Which had also one well and some trees and that the Special Land Acquisition Officer was pleased to allow the part of the claim of the claimants by his award dated 14.11.1979 and being dissatisfied with the said award, the claimants had made application under sec. 18 of the Act to the Special Land Acquisition officer to make a reference to the District Court for additional compensation. 3. The learned advocate for the appellants fairly submitted that section 4 notification was issued on 6.11.1973 and registered sale-deeds produced at Ex. 26 and 29 are prior to the notification which shows FA/848/1983 3/4 JUDGMENT the price of the land Rs. 346/- per sq. mtr. and Rs. 290/- per sq. mtr. and looking to the potentiality of the land, the trial court has erred in awarding the amount. The trial court ought to have awarded Rs. 400/- per sq. mtr. Learned counsel for the appellants has further submitted that though number of trees were there, the trial court has not awarded full amount and for well only Rs. 2000/- was granted though Rs. 5000/- was claimed. 4. Learned counsel for the respondent has supported the order passed by the learned Extra Assistant Judge, Surat and submitted that the amount awarded by the trial court is just and proper. 5. I have heard the learned counsel for both the sides and after going through the documentary evidences at Ex. 26 and 29, it appears that the trial court has out right rejected the documents on the ground that it was purchased for the business purpose and the market value shown in the registered sale deed was of the year 1970 and the notification is of 1973. Therefore, even if 10% increase of every year is taken, the trial court ought to have considered the price which was prevailing in 1970. I am of the opinion that Ex. 26 and 29 are of 1975 & 1973 and keeping in mind the potentiality, in my view, the market value of land in the year 1973 would have been approximately between Rs. 300/- to Rs. 315/- in view of the fact that as per price of Rs. 400/- of sale-deed Ex. 26 in the year 1975, FA/848/1983 4/4 JUDGMENT after deducting 10% would come to R. 321/-. I am, therefore, of the opinion that fair market price of the land in the year 1973 can be assessed at Rs. 310/- sq. mts. 6. In that view of the matter, I am of the view that interest of justice would be met, if the additional amount of Rs. 60/- per sq. mtr. is awarded to the appellants. The appeal is partly allowed. The appellants are entitled to Rs. 60/- per sq. mtr. with 15% solatium along with interest as per the Land Acquisition Act. (K.S. JHAVERI, J.) mandora/