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FA/349320/2006 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3493 of 2006
To
FIRST
APPEAL No. 3507 of 2006
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 ?
=========================================================
EXECUTIVE
ENGINEER & 1 – Appellant(s)
Versus
VALI
MUSA MOHMAD – Defendant(s)
=========================================================
Appearance
:
MR
SUNIT SHAH GP with MR JK SHAH AGP for
Appellant(s) : 1 – 2.
MR JAYESH PATEL for MR AJ PATEL for
Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 18/09/2008
ORAL
COMMON JUDGMENT
1.0. These
appeals are filed by the appellant State of Gujarat under Section 54
of the Land Acquisition Act 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 Distributory
Canal of Khanpur. Hence, proceedings under the Land Acquisition Act,
1894 [hereinafter referred to as the ?SAct??] were initiated.
Notification under Section 4 of the Act was published on 9th
February, 1995 and declaration under Section 6 of the Act was
published on 30th November, 1995. The Special Land
Acquisition Officer on completion of all the legal formalities
pronounced the award on 23rd April, 1997.
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.20.85.00 per sq.mtr.
by judgment and award dated 31st January, 2005. 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 had relied upon LAR No. 460/1991
whereby, the trial Court has awarded compensation at Rs.1080/- per
Are. However, the award passed in L.A.R. 460/1991 has not been
challenged in appeal, meaning thereby, it has attained finality.
Apart from that there is a difference of 6 years between the
two Notification issued under Section 4 of the Act. Thus, when both
the lands are comparable and adjoining to each other, 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.
R
& P to the sent back to the trial Court concerned forthwith.
[K.S.
JHAVERI, J.]
/phalguni/
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