Gujarat High Court Case Information System
Print
FA/73820/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 738 of 2008
With
FIRST
APPEAL No. 739 of 2008
To
FIRST
APPEAL No. 740 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 ?
=========================================================
STATE
OF GUJARAT & 2 – Appellant(s)
Versus
GEMALSANG
GIRDHARBHAI JADAV – Defendant(s)
=========================================================
Appearance
:
MR
SHIVANG SHUKLA AGP for Appellant(s) : 1 – 3.
RULE SERVED 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 under Narmada Yojna.
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 29th April, 1994 and
declaration under Section 6 of the Act was published on 6th
October, 1994. The Special Land Acquisition Officer on completion of
all the legal formalities pronounced the award on 6th
January, 1995.
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.19.10 per sq.mtr. by
judgment and award dated 30th April, 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 has relied upon the award passed in
L.R. Case No. 715/1997 whereby the learned trial Court had awarded
compensation at Rs.1780/- The said fact is established from the
document produced at Exh. 14. Apart from that the lands in questions
in the present case and the lands acquired in earlier L.A.R. No.
715/1997 are adjacent to each other. 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/
Top