Gujarat High Court Case Information System
Print
FA/351520/2008 2/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3515 of 2008
To
FIRST
APPEAL No. 3525 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 ?
=========================================================
SPL.LAQ
OFFICER - Appellant(s)
Versus
KANCHANBEN
& 1 - Defendant(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for Appellant(s) : 1,
MR NITIN AMIN for
Defendant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8,1.2.9 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 07/08/2008
ORAL
JUDGMENT
1.0 These
appeals are directed against the judgment and award dated 02.05.2003
passed by the learned 2nd Extra Assistant & Special
Judge (L.A.R.), Ahmedabad (Rural) in Land Acquisition Case Nos.
994/1998, 995/1998 and 1159/1998 to 1167/1998 whereby, the said cases
were partly allowed.
2.0 The
facts in brief are that the lands of the claimants situated at
Village Khas, Taluka Dhanduka, District Ahmedabad were acquired for
the purpose of constructing the Naramada Canal. On completion of all
the legal formalities, the Special Land Acquisition Officer by award
dated 28.07.1997 granted compensation @ Rs.1.35 per sq. metre. Being
aggrieved by the same, the claimants preferred applications before
the S.L.A.Q. requesting to refer the issue to the competent Court,
which, ultimately, culminated into references. The reference Court,
after appreciating the evidence on record, partly allowed the
references. Being aggrieved the same, the appellant has approached
this Court by way of these appeals.
3.0 Heard
learned counsel for the respective parties. While passing the
impugned award, the reference Court has relied upon an award passed
in an earlier case being L.A.R. No.334 of 1988 dated 06.01.1997
wherein, the reference Court has awarded an amount of Rs.12.50 per
sq. metre as compensation for the acquired lands. The said award was
confirmed in appeal by this Court in First Appeal No.3712 of 1997.
4.0 In
that case, the Notification u/s.4 in L.A.R. No.334 of 1988 was
published on 14.03.1984. In the present case, the said Notification
was published on 17.05.1975, i.e. after a period of 11 years and 2
months and by taking 10% rise p.a. for every year, on the basis of a
decision of this Court passed in S.L.A.Q., Bharuch v. Motibhai
Mohanbhai reported in 1997(2) G.L.H. 773, the reference
Court assessed the market value of the land at Rs.25/- per sq. metre.
Considering the facts of the case, I am of the opinion that the Court
below was completely justified in passing the impugned award. I am in
complete agreement with the reasonings given by and the findings
arrived at by the reference Court and hence, find no reasons to
interfere in these appeals.
5.0 For
the foregoing reasons, the appeals are dismissed. No order as to
costs.
[K.
S. JHAVERI, J.]
Pravin/*
Top