FA/163319/1993 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1633 To 1650 of 1993 With FIRST APPEAL No. 129 To 133 of 1993 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 DAHYABHAI MAGANDAS & 4 - Defendant(s) ====================================================== Appearance : MS TRUSHA PATEL, AGP for Appellant(s) : 1 - 2. MR NITIN M AMIN for Defendant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 ====================================================== FA/163319/1993 2/5 JUDGMENT CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 21/08/2008 ORAL JUDGMENT 1. The above First Appeal Nos.1633 to 1650, at the instance of the State, under section 54 of the Land Acquisition Act read with section 96 of Civil Procedure Code are against the judgement and award dated 23 rd January 1991 passed by learned assistant Judge (Ahmedabad (Rural) at Mirzapur in Land Acquisition Case Nos.277 to 294 of 1986 whereby the claimants were awarded Rs.5.50 as an additional Compensation for their respective acquired lands over and above the compensation awarded by the Land Acquisition Officer. 2. First Appeal Nos.129 to 133 of 1993 at the instance of original claimants, are filed against the judgement and awards dated 23 rd January 1991 passed by learned assistant Judge, Ahmedabad (Rural) at Mirzapur in Land Reference Case Nos.284, 294, 293, 285 and 288 of 1986, whereby the learned Judge has awarded Rs.5.50 per square meter as an additional compensation for their respective acquired lands. The appeals are filed for enhancement of compensation. 3. In the first group of matter the lands are situated in the sim of FA/163319/1993 3/5 JUDGMENT village Pethapur which were acquired for the purpose of Pethapur- Unava-Randheja-Vavol Canal. The notification under section 4 of the Act was published on 25.5.1980 and the notification under section 6 was published on 22.2.1983. After following the procedure the Land Acquisition Officer has awarded compensation at the rate of Rs.2/- per square meter. Feeling aggrieved by the said award the claimants preferred the aforesaid references claiming compensation at the rate of Rs.50/- per square meter. The Reference Court vide judgement and award dated 23 rd January 1991 awarded Rs.5.50 per square meter. 4. In the second group of reference i.e. reference pertain to First Appeal Nos.129 to 133 of 1993 the lands are situated at Pethapur and the same was acquired for the aforesaid very purpose. In this case also the notifications under sections 4 and 6 were 25.5.1980 and 22.2.1983 respectively and the Land Acquisition Officer had awarded Rs.2/- per square meter and the Reference Court has enhanced the same to Rs.5.50 per square meter though the claimants had demanded Rs.50/-. 5. Ms. Trusha Patel, learned AGP appearing for the State Government submitted that the award of compensation at Rs.5.50 is on higher side which requires to be reduced. She submitted that in view of various decisions and the sale instances, the Reference Court ought not to have Rs.5.50 per square meter. She submitted that the multiplier is on higher side and the award is required to be quashed. FA/163319/1993 4/5 JUDGMENT 6. Mr. Amin, learned Advocate appearing for the claimants submitted that in view of the various sale instances and other evidence on record the claimants are entitled to get Rs.50/- per square meter and the Tribunal has committed an error in not awarding such amount of compensation. 7. It is not in dispute that sale instance of Exh.46 is placed on record which was for the land of Sector 21 wherein the notification under section4 is of the 4 th August 1980. The State Government has thereafter disposed of the said property by public auction at the rate of Rs.373/- per square meter. Therefore to arrive at a proper figure, 50% is required to be deducted for the smallness of the plot, etc. Therefore the amount would come to Rs.180/- 8. However, there is another evidence on record by way of award in Reference Case No.270/84. The land pertains to this reference is situated in the adjoining village and in the opposite direction of Gandhinagar. In the said reference the Tribunal has awarded a sum of Rs.38/- per square meter. This award has been accepted by the State Government by not challenging the said award before higher forum. In the present case the lands of the claimants are nearer to Gandhinagar compared to the lands in Land Reference Case No.270/84. Vavol village is situated on the northern side of Gandhinagar whereas the land in question is nearer to Gandhinagar. Therefore such land would fetch more price than the lands situated in Vavol village. Even if the price is FA/163319/1993 5/5 JUDGMENT fixed on the basis of the notification of the year 1981, even then the claimants are entitled to Rs.38/-. 9. In the premises aforesaid, the appeals filed by the State Government i.e. First Appeal No.1633 to 1650 of 1993 are dismissed. No order as to costs. 10. The first appeal Nos.129 to 133 of 1993 are partly allowed. It is held that the appellants are entitled to get compensation of Rs.30/- per square meter as additional compensation for their respective acquired lands, over and above the compensation awarded by the Land Acquisition Office,r together with 30% solatium and running interest at the rate of 9% per annum for the period of one year from the date of taking over the possession of the acquired lands and thereafter at the rate of 15% per annum till the entire amount is paid or deposited. The claimants are also entitled to get 12% increase on the market value of the acquired lands for the period from 28.8.1980 to 19.6.1985, i.e. from the date of Notification under section 4 of the Act to the date of the award under section 23(1-A) of the Land Acquisition Act. The awards of the Tribunal are modified to the aforesaid extent. No order as to costs. [K.S. JHAVERI, J.] ar