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FA/1507/2008 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1507 of 2008
To
FIRST
APPEAL No. 1539 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
-Yes.
2
To be
referred to the Reporter or not ? -No.
3
Whether
their Lordships wish to see the fair copy of the judgment ?
-No.
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 ? -No.
5
Whether
it is to be circulated to the civil judge ? -No.
=========================================================
DY.
COLLECTOR & 1 - Appellant(s)
Versus
AEMDUBHA
ATUBHA - Defendant(s)
=========================================================
Appearance
:
GOVERNMENT
PLEADER for
Appellant(s) : 1 - 2.
MR AJ PATEL for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/08/2008
ORAL
JUDGMENT
By
way of these appeals, the appellants have challenged the judgment
and award dated 4/5/2006 passed by the Court of the learned 4th
Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura in Land
Acquisition Reference Case Nos.180 to 210 of 2005 and Land
Acquisition Reference Case Nos.212 to 213 of 2005.
The
brief facts of the case are that the land of the original claimants
situated in the sim of village Keriya, Taluka:Ranpur (Dhandhuka),
District:Ahmedabad for the purpose of Sukhbhadar Irrigation Yojana.
The Notification under Section 4 of the Land Acquisition Act 1984
was published on 1/1/1996 whereas the Notification under Section 6
was published on 1/9/1996. After following due procedure the Deputy
Collector, Land Acquisition Officer by his award dated 31/12/1997
awarded compensation for the acquired land at the rate of Rs.1.20
and 1.60 per sq. mtr. in respective cases for the acquired land as
against the claim of the claimants. Being aggrieved by the same,
the original claimants have preferred references under Section 18 of
the Land Acquisition Act. The said references were heard by the
Court of learned 4th Additional Senior Civil Judge,
Ahmedabad (R) at Navrangpura, who vide his judgment and award dated
4/5/2006 was pleased to award the compensation at the rate of
Rs.23.40 per sq. mtr. as additional compensation over and above the
compensation already awarded by the Special Land Acquisition
Officer. Being aggrieved by the said award of the learned 4th
Additional Senior Civil Judge, these appeals are filed.
The
Trial Court in para 12 and 18, relied upon Exh.62 which is the award
passed in Land Reference Case No.79 of 1989 and other matters and
Exh.63 which is the award passed in Land Reference Case No.354 of
1999 and allied matters. The award passed in Land Reference Case
No.354 of 1999 and allied matters were challenged by way of appeals
being First Appeal Nos.370 of 2008 to 382 of 2008 before this Court.
The said appeals were dismissed vide judgment and order dated
4/7/2008. In view of the observations made by this Court in para-4
of the aforesaid judgment, these appeals also deserve to be
dismissed. Para-4 of the judgment dated 4/7/2008 passed in First
Appeal Nos.370 to 382 of 2008 reads as follows:
?S4)
On the basis of the evidence adduced by the parties, the Reference
Court was of the opinion that the previous award of the Reference
Court relating to the lands of village Dharpipla rendered in Land
Acquisition Case Nos.72 of 1989 to 101 of 1989 (Exhibit 36) was a
relevant piece of evidence for the purpose of determining the market
value of the lands acquired in the present case. The Reference
Court noticed that notification under Section 4(1) of the Act was
published in the Official Gazette on 23/7/1984 for acquiring the
lands of village Dharpipla whereas in the instant case it was in the
instant case it was published in the Official Gazette on 4/9/1995
and as there was time gap about 11 years, the claimants were
entitled to reasonable rise in price of lands at the rate of 10% per
annum. In the ultimate analysis, the Reference Court has awarded
additional amount of compensation at the rate of Rs.24/- per sq.
mtr. to the claimants by the impugned award, which has given rise to
the present appeals.??
In
that view of the matter, these appeals are required to be dismissed.
The same are dismissed accordingly. No order as to costs.
It
is made clear that Exh.62 is already accepted by this Court.
(K.S.JHAVERI,
J.)
(ila)
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