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FA/340420/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3404 of 2008
To
FIRST
APPEAL No. 3413 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 & 2 – Appellant(s)
Versus
AMBALAL
DEVJIBHAI PATEL & 1 – Defendant(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for Appellant(s) : 1 – 3.
MR JITENDRA M PATEL for
Defendant(s) : 1 –
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 13/08/2008
ORAL
COMMON JUDGMENT
1.0. These
appeals are filed by the appellant State of Gujarat under Section 54
of the Land Acquisition Act 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 Narmada Canal
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 23rd
June, 1988 and declaration under Section 6 of the Act was published
on 8th December, 1988. The Special Land Acquisition
Officer on completion of all the legal formalities pronounced the
award on 27th December, 1990.
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.92.00 per sq.mtr. By
judgment and award dated 14th March, 2007. 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. The learned trial Judge
while passing the impugned award has relied upon the award passed in
L.R. Case No. 799/1992 and other allied matters whereby the learned
trial Court had fixed the market value of the acquired lands of
village Dabhoi at Rs.96.00 per sq.mtr. The said fact is established
from the award dated 12th December, 2005 which is
produced at Exh. 17. Apart from that the lands in questions acquired
in the present case and the lands acquired in earlier L.A.R. No.
799/1992 and allied matters are adjacent to each other, which is
evident from the map produced at Exh.18. Thus, 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/
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