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FA/3627/2005 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3627 of 2005
To
FIRST
APPEAL No. 3643 of 2005
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 ?
=========================================================
SPECIAL
LAQ OFFICER & 1 - Appellant(s)
Versus
PATEL
RATILAL AMBALAL - Defendant(s)
=========================================================
Appearance
:
MS KRINA
CALLA AGP for Appellant(s) : 1 -
2.
MR AJ PATEL for
Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/09/2008
ORAL
JUDGMENT
1. These
appeals have been preferred challenging the common judgment and award
dated 27.11.2001 passed by the learned 4th Jt. Civil Judge
(S.D.), Mehsana in L.A.R. Nos.391/2001 to 407/2001, whereby, the said
reference cases were partly allowed and the original claimants were
awarded total compensation @ Rs.30.50 per sq. metre for their
acquired lands.
2. The
facts in brief are that the appellant-State proposed to acquire the
lands belonging to the original claimants, situated at Village
Adundara, Taluka Kadi, District Mehsana, for the purpose of
constructing the Narmada Canal, under the Land Acquisition Act, 1894.
Necessary procedure was initiated and on completion of all the legal
formalities, the S.L.A.O. passed an award granting compensation @
Rs.4.50 per sq. metre for the acquired lands.
3. Being
aggrieved by the said award, the original claimants filed
applications before the authority requesting to refer the issue to
the competent Court for adjudication, which, ultimately, came to
numbered as references. The Court below, after appreciating the
evidence on record, partly allowed the references by awarding total
compensation of Rs.30.50 for the acquired lands. Against the said
award, the appellant has approached this Court by way of these
appeals.
4. Heard
learned counsel for the respective parties and perused the documents
on record. It is well-settled that a previous award of a reference
Court relating to a Village, which has attained finality, can be
considered to be a good piece of evidence, for the purpose of
determining the market value of similar lands, acquired subsequently,
from the adjoining village. A group of reference cases pertaining to
lands belonging to the same village, i.e. Village Adundara being
L.A.R. Nos.353/2001 to 363/2001 disposed of on 27.11.2001, has been
confirmed by this Court in First Appeal Nos.2959/2004 to 2966/2004
dated 23.03.2005, wherein, this Court has confirmed the award passed
by the reference Court awarding compensation @ Rs.30.50 per sq. metre
for the acquired lands. Hence, the claimants in these appeals shall
also be entitled for the same amount of compensation, as has been
awarded in the aforesaid reference cases. In the present case, since
the claimants have been awarded compensation @ Rs.30.50 per sq. metre
for their acquired lands, no modification is required to be made in
the impugned award.
5. In
the result, the appeals are dismissed. No order as to costs. R &
P to the sent back to the trial Court concerned forthwith.
[K.
S. JHAVERI, J.]
Pravin/*
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