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FA/4506/2007 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4506 of 2007
To
FIRST
APPEAL No. 4507 of 2007
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 ?
=========================================================
DEPUTY
GENERAL MANAGER - Appellant(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 1 - Defendant(s)
=========================================================
Appearance :
MR
RR MARSHALL for
Appellant(s) : 1,
RULE SERVED for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/08/2011
ORAL
JUDGMENT
1. These
appeals are directed against the common judgment and award passed by
the learned Principal District Judge, Mehsana in L.A. Reference Cases
No.1223/2005 & 1224/2005 dated 30.04.2007 whereby, both the
references were partly allowed and the appellant-Corporation was
directed to pay additional compensation to the respondent-original
claimants at the rate of Rs.22.60 per sq. metre for their acquired
lands. The appellant-Corporation was also directed to pay additional
amount at the rate of 12% on the additional amount of compensation so
awarded under the provisions of Section 23(1-A) of the Land
Acquisition Act, 1894 and 30% solatium and interest.
2. The
facts in brief are that the competent authority acquired the lands
situated in the sim of Village Chadasana of Taluka Chanasma, District
Patan for the purpose of drilling an oil well. The Notification u/s.4
of the said Act was published on 27.08.1993 and Notification u/s.6 on
19.03.1994. After following necessary procedure prescribed under the
said Act, the competent authority passed award on 15.12.1995. Being
aggrieved by the same, the claimants raised dispute, which,
ultimately, culminated into references before the Court below. After
considering the evidence on record, the reference Court partly
allowed the references by impugned judgment and award. Against the
said award, the appellant-Corporation has preferred the present
appeals.
3. Heard
learned counsel for the appellants and perused the documents on
record. Though served none appears on behalf of the
respondent-claimants. Having gone through the impugned award, I find
that the reference Court has relied upon an earlier award passed in
L.A.R. No.3700/2003 and 3701/2003 in respect of lands situated in the
same Village wherein, the market value of the acquired lands has been
fixed at Rs.35.50 per sq. metre. In that case, the Notification u/s.4
of the said Act was published on 22.06.1999. It is pertinent to note
that in the present case, the Notification u/s.4 of the said Act was
published on 27.08.1993. In other words, the Notification u/s.4 of
the said Act in this case was published prior in point of time as
compared to the Notification u/s.4 published in the case of the award
relied upon by the reference Court.
4. It
is a settled proposition of law that in an award wherein Notification
u/s.4 of the said Act is subsequent to the date of Section-4
Notification in a given case, then the same could not be relied upon.
Considering the facts of the case and since Section-4 Notification in
the award relied upon by the reference Court is subsequent to the
date of Section-4 Notification in this case, the same ought not to
have been relied upon by the reference Court. Hence, the impugned
award deserves to be quashed and set aside and the reference cases
deserve to be considered afresh.
5. For
the foregoing reasons, the appeals are allowed. The impugned judgment
and award dated 30.04.2007 passed by the reference Court is quashed
and set aside and the matters are remanded to the reference Court for
decision afresh on merits in accordance with law. The reference Court
shall hear both the sides and shall permit them to lead evidence and
thereafter, render its decision. The appeals stand disposed of
accordingly. No order as to costs.
[K.
S. JHAVERI, J.]
Pravin/*
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