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FA/98420/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 984 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 ?
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Appellant(s)
Versus
THAKORE
BHARATBHAI KALAJI - Defendant(s)
=========================================================
Appearance
:
MR
SUNIT SHAH G.P. WITH MS. TRUSH PATEL AGP for Appellant(s) : 1
- 2.
None
for Defendant(s) : 1,
MR
KM SHETH for
Defendant(s) : 1.2.1,
1.2.2,1.2.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/08/2008
ORAL
JUDGMENT
1. This
appeal is directed against the judgment and award dated 31.03.2006
passed by the learned 4th Addl. Sr. Civil Judge, Ahmedabad
[Rural] at Navrangpura in L.A.R. Case Nos.691/2003 to 695/2003
whereby, the said references were partly allowed.
2.0 The
facts in brief are that the appellant State proposed to acquire
the lands belonging to the respondent claimants for the purpose
of constructing the Narmada Canal under the provisions of the Land
Acquisition Act, 1894. Notification u/s. 4 of the said Act was
published on 24/08/2000 and Notification u/s. 6 was published on
30/01/2001. On completion of all the legal formalities, the S.L.A.O.,
by award dated 24/07/2002, granted compensation @ Rs.10.50 per sq.
metre for the acquired lands.
2.1 Being
aggrieved by the said award, the claimants preferred applications
requesting to refer the dispute to the competent Court for
adjudication, which, ultimately, culminated into references before
the Court below.
2.2 The
reference Court, after appreciating the evidence on record, partly
allowed the references by awarding additional compensation @
Rs.103.40 per sq. metre, over the above the compensation awarded by
the S.L.A.O. Against the said award, the appellant State has
approached this Court by way of these appeals.
3. Heard
learned counsel for the appellant State and perused the evidence
on record. The lands in question are situated in the sim of Village :
Kathwada, Taluka : Daskroi, District : Ahmedabad. In respect of some
adjoining lands situated in the same Village, this Court has awarded
total compensation of Rs.75.50 per sq. metre for the acquired lands
by a decision passed in First Appeal No.4870/2007 and group matter
decided on 04.08.2008. Therefore, the claimants in these appeals will
also be entitled for the same amount, i.e. Rs.75.50 per sq. metre.
Since the S.L.A.O. has awarded compensation @ Rs.10.50 per sq. metre
for the acquired lands, the claimants will be entitled for additional
compensation @ Rs.65.00 per sq. metre.
4. In
the result, the appeals are partly allowed. The impugned award of the
reference Court is modified to the extent that the claimants will be
entitled for additional compensation @ Rs.65/- per sq. metre instead
of what has been awarded by the Court below. The rest part of the
impugned award stands confirmed. The appeals stand disposed of
accordingly. No order as to costs. R & P to be sent back to the
trial Court concerned forthwith.
[K.
S. JHAVERI, J.]
Pravin/*
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