FA/367/2004 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 367 of 2004 With FIRST APPEAL No. 369 of 2004 To FIRST APPEAL No. 373 of 2004 With FIRST APPEAL No. 377 of 2004 With FIRST APPEAL No. 379 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 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 ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= STATE OF GUJARAT & 2 - Appellant(s) Versus RASIKLAL AMBALAL PANDYA - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL, AGP for Appellant(s) : 1 - 3. RULE SERVED for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/08/2008 ORAL JUDGMENT FA/367/2004 2/4 JUDGMENT 1. By way of these appeals, the State has challenged the judgment and award dated 9/4/2003 passed by the learned Seventh Joint Civil Judge (SD), Vadodara in Land Reference Case Nos.432, 435 to 437 and 439 to 447 of 1990 wherein the Reference Court has awarded Rs.1,60,000/- per hectare. relying upon the earlier sale instances produced by the claimants below Exh.12 at para 13. 2. Brief facts of the case are that the lands of respondents- claimants situated at village Ajod, Taluka-Vadodara have been acquired for the purpose of Express Highway at village Ajod. The notification under Section 4 of the Land Acquisition Act was published on 14/8/1986 whereas notification under Section 6 of the Land Acquisition Act was published on 30/10/1986. After following due procedure, Special Land Acquisition Officer by his award dated 17/10/1987 awarded Rs.66,000/- per hectare as against Rs.80,000/- per acre demanded by the respondents- applicants. Being aggrieved by the same, th respondents herein have filed References under Section 18 of the Land Acquisition Act before the Court of Civil Judge (SD), Vadodara. The learned Judge after considering the matter has determined the market value of the acquired land at Rs.1,60,000/- vide his award dated 9/4/2003. Being aggrieved by the said order of the Reference Court, the appellant has preferred this appeal. FA/367/2004 3/4 JUDGMENT 3. As a result of hearing and perusal of the record, I am of the view that the Reference Court has considered the matter at length and discussed the evidence in detail. In para 13, the Reference Court has discussed the method and procedure and ultimately came to the conclusion that the value in the year 1981 per hectare was Rs.1,07,640/- + rise value in five years Rs.53,820/-. The relevant portion of the said para reads as under: “In the present cases the claimants have not voluntary given their land but it is acquired by Government in that circumstances, reasonable amount must be paid to the claimants. As per sale deed Exh.12 the rate of land was Rs.1/- per sq. mtr. In a hectare of land there are 107640 sq. ft. land included. That means if the land of village Ajod was acquired in a year 1981 then they would get Rs.1,07,640/- per hectare. In the present case the notification under Section 4 was published n 14/8/1986 that means after 5 years of gap the land is acquired. During that 5 years the price of that land naturally would be increased. For the sake of argument if we believe that the farmers had invested their money in a Nationalised Bank even though they would have get interest at the rate of 10% per year, same way in the authority produced by the applicant 1998 (1) GCD Page 62 in para 13 Hon'ble Court has held that: “The Reference Court has rightly adopted gradual rise in price at the rate of 10% per annum from 1984 to 1990, which is quite justified.” After the year 1981, five years is already passed. In that circumstances, the price of land naturally rise 10% per year and if we calculate 10% per year for 5 years then the amount for increased price comes at Rs.53,820/-. In that circumstances, the value in the year 1981 per hectare was Rs.1,07,640/- plus rise value in five years Rs.53,820/- comes to rs.1,61,460/-, the round figure in the year 1986 for acquired land is considered Rs.1,60,000/- per hectare and as per my view it is just, reasonable and proper price of acquired land.” FA/367/2004 4/4 JUDGMENT 4. I am in complete agreement with the reasonings given and findings arrived at by the Reference Court. Nothing is pointed out to take a contrary view of the matter. The documents relied upon by the learned advocate before the Reference Court is of adjoining lands. Therefore, no interference is required to be called for. 5. In the premises, these appeals deserve to be dismissed. The same are therefore, dismissed accordingly. No order as to costs. (K.S.JHAVERI, J.) (ila)