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FA/538119/1997 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 5381 of 1997
To
FIRST
APPEAL No. 5382 of 1997
With
FIRST
APPEAL No. 5420 of 1997
To
FIRST
APPEAL No. 5422 of 1997
=========================================================
HARIBHAI
BHALABHAI AMIN - Appellant(s)
Versus
PRANT
OFFICER,VIRAMGAM PRANT & 1 - Defendant(s)
=========================================================
Appearance
:
MR
GM AMIN for
Appellant(s) : 1,
MR SUNIT SHAH, GOVERNMENT PLEADER WITH MS TRUSHA
PATEL, AGP for Defendant(s) : 1,
MR HS MUNSHAW for Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/08/2008
ORAL
ORDER
1. By
way of these appeals, the appellants have challenged the judgement
and award dated 31.07.1997 passed by the Joint District Judge,
Ahmedabad (Rural) in Land Acquisition Case No. 1358 to 1360, 1362 &
1363 of 1987 whereby the trial court awarded compensation at the rate
of Rs. 446/- per Are.
2. The
land of the original claimant situated at Dehgam, Ta. Dehgam,
Gandhinagar was acquired for the public purpose of construction of
Dehgam Growth Center. The notification under section 4 of the Land
Acquisition Act, 1894 was published on 05.03.1981. After following
due procedure, the Land Acquisition Officer by his award dated
23.09.1986 awarded compensation for the acquired land at the rate of
Rs. 13/- to Rs. 16/- per sq. mtr.
2.1 Being
aggrieved by the said award of the Special Land Acquisition Officer,
the original applicant filed reference under section 18 of the Land
Acquisition Act. The reference court passed the aforesaid award.
Hence the present appeals.
3. Mr.
Shah and Mr. Amin, learned advocates appearing for the appellants
have submitted that inspite of the fact that a voluminous record was
produced on reocrd by the claimants, the reference court has adopted
yield method whereby the claimants have got minimum valuation of
their lands whereas the basic principle is that where different
methods and calculations are put on record, the reference court is to
look into the interest of the claimants ought to give maximum value
which is available in respect of the said lands. In support of their
submission, the appellants have relied upon decisions of the Apex
Court in the cases of Special Land Acquisition Officer, BYDA
Bagalkot vs. Mohd. Hanif Sahib Bawa Sahib and Sunder vs. Union of
India reported in AIR 2002 SC 1558 and AIR 2001 SC 3516
respectively.
4. Ms.
Patel, learned advocate appearing for the respondents has supported
the order of the reference court and submitted that no interference
is called for in the matters.
5. This
Court has gone into the materials placed on record including the
award passed by the reference court. This Court has also considered
the sale instances between the AUDA and Collector dated 24.11.1983
and the 1984 notification dated 12.06.1983 and section 23(A) of the
Act wherein the price was Rs. 100/- per sq. mtr as well as the
decisions relied upon by the learned advocates for the appellants.
While going through the documents, it is clear that there are sale
instances from AUDA to the Collector and AUDA to the Government where
the prices are ranging from Rs. 200 to Rs. 210. She has submitted
that the price of Rs. 200/- was for smallness of plot and was
effective since 24.11.1983. In that view of the matter, after
effecting 30% for non-agricultural land and 20% for smallness of plot
the price will be Rs. 100/-. The time gap between the two
notifications under section 4 of the Act is of more than two years.
Therefore, 28.33% is required to be deducted from the price. In that
view of the matter, the claimants shall be entitled to total Rs.
71.66 per sq. mt. However, Rs. 17.40 per sq. mt. has already been
paid to the claimants by the reference court. The claimants shall
therefore be entitled to an additional amount of Rs. 54.26 per sq.
mt. which is rounded off to Rs. 54/- per sq. mt. alongwith other
benefits entitled thereupon as permissible under the law.
6. In
the premises aforesaid, the claimants shall be entitled to additional
Rs. 54/- as the price per sq. mtr. The interest thereupon shall be
paid to the claimants from the date of award and all benefits shall
be calculated in accordance with law as provided under section 23 of
the Land Acquisition Act. The impugned award is modified accordingly.
Appeals are allowed to the aforesaid extent. No order as to costs.
(K.S.
JHAVERI, J.)
Divya//
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