FA/306920/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3069 of 2008 To FIRST APPEAL No. 3093 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 ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus MASURJI LALAJI KHANT & 11 - Defendant(s) ========================================================= Appearance : MS KRINA CALLA AGP for Appellant(s) : 1, MR GM AMIN for Defendant(s) : 1 - 12. None for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 23/09/2008 ORAL COMMON JUDGMENT 1.0. These appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act FA/306920/2008 2/3 JUDGMENT read with Section 96 CPC, challenging the common judgment and awards passed by the Reference Court under Section 18 of the said Act. 2.0. The lands in question were required for construction of Majum Jalagar Project. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the “Act”] were initiated. Notification under Section 4 of the Act was published on 21.10.1982. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 08.03.1984. 2.1. The respondents being dissatisfied with the quantum of compensation preferred an application to the Collector under Section 18 of the Act for making Reference to the Court for enhancement of the compensation. The learned trial Court by the aforesaid award enhanced the compensation with an additional amount of Rs.375/- per Are for irrigated land and Rs.280/- per Are for non-irrigated land by judgment and award dated 22.01.1999. The Special Land Acquisition Officer being aggrieved by the said award of the learned trial Court has filed these appeals under Section 54 of the Act. 3.0. Heard learned counsel for the respective parties. It is well-settled that a previous award of a FA/306920/2008 3/3 JUDGMENT reference Court relating a Village which has attained finality can be considered to be a good piece of evidence for the purpose of determining the market value of the similar lands. The learned trial Judge, while passing the impugned award, has relied upon the award passed in earlier case being Land Acquisition Case No. 3999 of 1989. In the said case, Notification under Section 4 of the Act was published 27.08.1981, whereas, in the present case, the said Notification was published on 21.10.1982, meaning thereby, there is difference of one year. Thus, when both the lands are comparable and have been acquired for the same purpose, the learned trial Court was justified in enhancing the impugned award. 4.0 In view of the above, the impugned award passed by the learned trial Court is just and proper and no interference is called for by this Court. The appeals are therefore, dismissed. No order as to costs. [K.S. JHAVERI, J.] /phalguni/