{"id":215066,"date":"2011-08-23T00:00:00","date_gmt":"2011-08-22T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/land-vs-h-on-23-august-2011-2"},"modified":"2018-12-22T14:02:11","modified_gmt":"2018-12-22T08:32:11","slug":"land-vs-h-on-23-august-2011-2","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/land-vs-h-on-23-august-2011-2","title":{"rendered":"Land vs H on 23 August, 2011"},"content":{"rendered":"
Gujarat High Court<\/div>\n
Land vs H on 23 August, 2011<\/div>\n
Author: Jayant Patel, R.M.Chhaya,<\/div>\n
  \n Gujarat High Court Case Information System \n    \n  \n    \n\n \n \n    \t      \n         \n\t    \n\t\t   Print\n\t\t\t\t          \n\n  \n\n\n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t\n\n\n \n\n\n\t \n\nFA\/1302\/2002\t 13\/ 13\tJUDGMENT \n \n \n\n\t\n\n \n\nIN\nTHE HIGH COURT OF GUJARAT AT AHMEDABAD\n \n\n \n\n\n \n\nFIRST\nAPPEAL No.1302 of 2002\n \n\nTo\n\n\n \n\nFIRST\nAPPEAL No.1305 of 2002\n \n\n For\nApproval and Signature:\n \n\nHONOURABLE\nMR.JUSTICE JAYANT PATEL\t\tSd\/-\n \n\n \n\n\n \n\nHONOURABLE\nMR.JUSTICE\nR.M.CHHAYA\t\tSd\/- \n=====================================================\n<\/pre>\n
1<\/span><\/p>\n
Whether
\n\t\t\tReporters of Local Papers may be allowed to see the judgment ?\n<\/p>\n
NO<\/p>\n
2<\/span><\/p>\n
To
\n\t\t\tbe referred to the Reporter or not ?\n<\/p>\n
NO<\/p>\n
3<\/span><\/p>\n
Whether
\n\t\t\ttheir Lordships wish to see the fair copy of the judgment ?\n<\/p>\n
NO<\/p>\n
4<\/span><\/p>\n
Whether
\n\t\t\tthis case involves a substantial question of law as to the
\n\t\t\tinterpretation of the constitution of India, 1950 or any order
\n\t\t\tmade thereunder ?\n<\/p>\n
NO<\/p>\n
5<\/span><\/p>\n
Whether
\n\t\t\tit is to be circulated to the civil judge ?\n<\/p>\n
NO<\/p>\n
=====================================================<\/p>\n
DY.\n<\/p>\n
COLLECTOR & <\/p>\n
LAND
\nACQUISITIO & REHABILITATION & 1 – Appellant(s)<\/p>\n
Versus<\/p>\n
H
\nM UPADHYAYA – Defendant(s)<\/p>\n
=====================================================
\nAppearance
\n:\n<\/p>\n
MR LR PUJARI, AGP for Appellant(s)
\n: 1 – 2.\n<\/p>\n
MR BD KARIA for Defendant(s) :\n<\/p>\n
1,
\n=====================================================<\/p>\n
CORAM
\n\t\t\t:\n<\/p>\n
HONOURABLE
\n\t\t\tMR.JUSTICE JAYANT PATEL<\/p>\n
\t\t\tand<\/p>\n
HONOURABLE
\n\t\t\tMR.JUSTICE R.M.CHHAYA<\/p>\n
Date
\n:  23\/08\/2011 <\/p>\n
 COMMON
\nCAV JUDGMENT <\/p>\n
(Per
\n: HONOURABLE MR.JUSTICE R.M.CHHAYA)<\/p>\n
The present group of
\n\tappeals are filed under section 54 of the Land Acquisition Act, 1894
\n\t(hereinafter to be referred to as ‘the Act’) against common judgment
\n\tand award passed under section 18 of the Act by learned\u00a0Assistant
\n\tJudge, Amreli dated 26.06.2001 in Land Reference Cases No.36\/1997,
\n\t37\/1997, 58\/1997 and 59\/1997. The lands situated at village Giriya,
\n\tTal.\u00a0& Dist. Amreli have been acquired for the public
\n\tpurpose of “Thebi Irrigation Project” by the State of
\n\tGujarat. The notification,\u00a0as contemplated under section 4 of
\n\tthe Act, was published on 14.04.1995 and section 6 notification was
\n\tpublished on 28.09.1995. The\u00a0Land Acquisition Officer, after
\n\tfollowing the procedure as contemplated under the Act, made and
\n\tdeclared award under section 11(1) of the Act on 13.01.1997. The
\n\tLand Acquisition Officer under the said award, after considering the
\n\tsale instances and evidence adduced before him awarded compensation
\n\tof Rs.8\/sq.mtr. for non-irrigated lands and Rs.12\/sq.mtr. for
\n\tirrigated lands. As the original claimants were dissatisfied with
\n\tthe award, they raised the disputes as contemplated under section 18
\n\tof the Act, which were referred by the Land Acquisition Officer to
\n\tDistrict\u00a0Court, Amreli and the same came to be registered as
\n\tLand Reference Case Nos.36\/1997, 37\/1997, 58\/1997 and 59\/1997.\u00a0The
\n\tReference Court passed an order of consolidation of the four
\n\treferences, considering Land Reference Case No.36\/1997 as main
\n\treference. The Reference Court, after hearing the parties concerned,
\n\tvide judgment and award dated 26.06.2001 allowed the said references
\n\tand ordered to pay additional compensation of Rs.300\/sq.mtr. i.e.
\n\tRs.300\/sq.mtr. over and above the amount awarded by the Land
\n\tAcquisition Officer determining the market value of the lands
\n\tacquired as Rs.308\/sq.mtr. for non-irrigated lands and
\n\tRs.312\/sq.mtr. for irrigated lands. Being aggrieved by the same, the
\n\tpresent\u00a0appeals are preferred.\n<\/p>\n
The relevant factual
\n\taspect relating to the four land references are enumerated as under:\n<\/p>\n
Sr. No.<\/p>\n
Land Ref.\n<\/p>\n
Case No.<\/p>\n
Survey of Land acquired<\/p>\n
Village<\/p>\n
01.<\/p>\n
36\/97<\/span><\/p>\n
99 P.\n<\/p>\n
Giriya<\/p>\n
02.<\/p>\n
37\/97<\/span><\/p>\n
99 P.\n<\/p>\n
Giriya<\/p>\n
03.<\/p>\n
58\/97<\/span><\/p>\n
96\/18<\/span><\/p>\n
Giriya<\/p>\n
04.<\/p>\n
59\/97<\/span><\/p>\n
96\/20<\/span><\/p>\n
Giriya<\/p>\n
At the outset, it may
\n\tbe noted that for the very public purpose i.e.\u00a0Thebi Irrigation
\n\tProject, the appellants have acquired large chunk of lands\u00a0falling
\n\twithin the catchment area of the said scheme by different
\n\tnotifications, which were subject matter of appeals before this
\n\tCourt and ultimately also before the Apex Court. The Apex Court in
\n\tthe case of  Deputy Collector, Land Acquisition, Gujarat &
\n\tAnr. Vs. Madhubhai Gobarbhai & Anr., (2009) 15 SCC 125 has
\n\tdetermined the market value of the lands of village Baxipur, Giriya
\n\tas well as Amreli.\n<\/p>\n
Heard Mr.L.R.Pujari,
\n\tlearned Assistant Government Pleader for the appellants, and
\n\tMr.B.D.Karia, learned counsel for the respondents-original
\n\tclaimants.\n<\/p>\n
Mr.Pujari, relying
\n\tupon the judgment of the Apex Court in the case of Deputy
\n\tCollector, Land Acquisition, Gujarat & Anr. (supra),
\n\tcontended that the lands in question of four survey numbers, which
\n\tare acquired by notification dated 14.04.1995, would fall under
\n\tGroup-I, as per the aforesaid judgment and, therefore, the
\n\trespondents-original claimants would be entitled to additional
\n\tcompensation of Rs.50\/sq.mtr. It was further submitted that even in
\n\tcase of lands, which are covered under the aforesaid judgment are
\n\twithin the same vicinity of Village Giriya have been awarded
\n\tRs.50\/sq.mtr. Mr.Pujari further relied upon a sketch, which was
\n\tproduced at the time of hearing in order to contend that all the
\n\tfour survey numbers would fall within Group-I. It was further
\n\tsubmitted that as per the judgment of the Apex Court the lands,
\n\twhich are situated at Village Giriya and which are away from Amreli
\n\twould fall under Group-I and, therefore, it was contended that all
\n\tthe respondents would fall under Group-I and are entitled to
\n\tcompensation at Rs.50\/sq.mtr. only.\n<\/p>\n
As against this,
\n\tlearned counsel Mr.Karia appearing on behalf of the
\n\trespondents-original claimants pointed out that as per the judgment
\n\tof Apex Court in the case of Deputy Collector, Land Acquisition,
\n\tGujarat & Anr. (supra), the Apex Court has considered the
\n\tgeographical location of the lands under acquisition. It was further
\n\tsubmitted that the Apex Court has, while dividing the lands under
\n\tacquisition in three groups, has held\u00a0in Paragraph Nos.4 and 5
\n\tthat the lands which fall within Western side of River Thebi fall
\n\twithin Group-I, whereas lands which are situated in Eastern side of
\n\tRiver Thebi i.e. of Village Giriya\u00a0would fall within Group-II
\n\tand lands of Amreli which are in the developed area would fall
\n\twithin Group-III. It was, therefore, submitted that the lands in
\n\tquestion of the original claimants would fall under Group-II, as per
\n\tthe aforesaid judgment of the Apex Court.\n<\/p>\n
We have heard learned
\n\tcounsel for both the sides and have also examined the record and
\n\tproceedings.\n<\/p>\n
On
\n\tperusal of map (Exh.18), we find that lands bearing Survey No.99
\n\tpaiki are situated on the Eastern side of River Thebi, whereas
\n\tSurvey Nos.96\/18 and 96\/20 are situated on the Western side of River
\n\tThebi.\n<\/p>\n
On
\n\tperusal of the award passed under section 11 of the Act by the Land
\n\tAcquisition Officer (Exh.17), we find that the Land Acquisition
\n\tOfficer has considered 10 sale instances of the different survey
\n\tnumbers of Village Giriya and has also considered the previous
\n\tawards, relating to the same public purpose of “Thebi
\n\tIrrigation Project”, passed under the provisions of the Act
\n\tbeing Land Reference Case No.10 of 1991 (wherein section 4
\n\tnotification was published on 19.11.1990) and Land Reference Case
\n\tNo.15 of 1992 (wherein section 4 Notification was published on
\n\t14.02.1992) and on the basis of the same, after considering the
\n\tvaluation submitted by the acquiring body, has come to the
\n\tconclusion that the market value of the lands under acquisition is
\n\tRs.800\/Are i.e. Rs.8\/sq.mtr. for non-irrigated lands and Rs.1200\/Are
\n\ti.e. Rs.12\/sq.mtr. for irrigated lands.\n<\/p>\n
The Reference Court
\n\thas relied upon the previous award passed by the Reference Court in
\n\tLand Reference Case No.3 of 1997 relating to the acquisition for the
\n\tsame purpose in which case section 4 notification was published on
\n\t12.10.1993 (Exh.23) and has fixed the market value by awarding the
\n\tadditional compensation of Rs.300\/sq.mtr.\n<\/p>\n
The Apex Court in the
\n\tcase of Deputy Collector, Land Acquisition, Gujarat & Anr.
\n\t(supra) has observed thus:\n<\/p>\n
“2. The State of Gujarat issued
\ndiverse notifications for acquisition of a huge tract of lands for
\nconstruction of a dam over a river known as `Thebi’. The lands sought
\nto be acquired were spread over in three villages, namely, Amreli,
\nBaxipur and Giriya. Whereas villages Amreli and Baxipur are
\n                             situated on the western side of river
\nand within the municipal limit of the town of Amerli; village Giriya
\nis on the eastern bank thereof and outside the municipal limit of the
\nsaid town Amreli. Amreli is the headquarters of the District Amreli.\n<\/p>\n
      It is a well developed town. A National Highway known as
\n“Amreli – Chittal Road” passes through the town of Amreli.\n<\/p>\n
       The residents of the town enjoy the facilities of
\ntransportation, hospitals, schools, colleges, telephone, etc. <\/p>\n
3.\t It is, however, admitted that the entire
\ndevelopment has taken place on the eastern bank of the river and not
\non the western bank. The villages situate on the western bank,
\nhowever, admittedly are wholly undeveloped. The lands under
\nacquisition are agricultural lands. The land upon acquisition were to
\nbe submerged under water.\n<\/p>\n
4.\tThe Land Acquisition Officer made three
\ndifferent awards for three different villages. For agricultural lands
\nsituate in village Baxipur, which are the subject matters of judgment
\nand order dated 23.02.1998 passed in F.A. No.3119\/1997 and F.A.
\nNo.3120\/1997 and judgment and order dated 4.5.1999 passed in F.A.
\nNos.6184-6203\/1995 and other connected appeals, compensation was
\nawarded at the rate of Rs.75\/- per square meter. Out of 350 land
\nowners, however, only 156 land owners filed applications for
\nreference before the Collector in terms of Section 18 of the Land
\nAcquisition Act, 1894 (hereinafter referred to as, “the said
\nAct”). The Reference Court awarded compensation calculating the
\nmarket value thereof at the rate of Rs. 75\/- per square meter in
\nrespect of lands situate in Baxipur village (western side of river
\nThebi), Giriya village (eastern side of river Thebi) and Amreli
\nvillage (western side of river Thebi).\n<\/p>\n
5.\tSo far as the lands situate within the Amreli
\ntown, which is within the municipal area and situate on the eastern
\nside of the river comprising of residential and commercial area which
\nwas developed since 1984, are concerned; the Land Acquisition Officer
\nawarded compensation at the rate of Rs.50\/- per square meter in
\nrespect of agricultural lands, but the Reference Court and the High
\nCourt awarded compensation at the rate of Rs.160\/- per square meter
\nof land. For the same area in respect of non-agricultural lands, the
\nLand Acquisition Officer awarded compensation at the rate of Rs.150\/-
\nper square meter whereas the Reference Court as also the High Court
\nawarded compensation at the rate of Rs.240\/- per square meter.\n<\/p>\n
 FOR GROUP-I<\/p>\n
34.\tThe High Court, however, proceeded on the
\nbasis that although the acquired lands were situated on one side of
\nthe river, in view of the fact that entire acquired land was to be
\nsubmerged, no justification can be made in regard to the nature of
\nthe land. The High Court held (in our opinion wrongly) that distance
\nof a few kilo meters from the Amreli town would not matter. The High
\nCourt furthermore opined that the lands in village Baxipur were also
\nfertile and thus no discrimination can be made. For the said purpose
\nthe High Court relied upon the Awards made in the earlier case
\nexhibited as Exhibits 68 and 73 in terms whereof compensation @
\nRs.75\/- per sq. meter was paid.\n<\/p>\n
35.\tThe variation in the price of the land within
\na few years is a matter of great significance. It is true that no
\nsingle factor would be decisive for the purpose of arriving at the
\nmarket value of the land. But in a case of this nature a holistic
\nview is required to be taken.\n<\/p>\n
36.\tIt is, in our opinion, wholly improper to
\nforget the distinction between the agricultural land and the
\nnon-agricultural land. Even in the same area, value of the
\nagricultural land and the non-agricultural land may be considerably
\ndifferent. For the said purpose, existence of the road; railway
\nstation; airport; schools; colleges; hospitals etc. play an important
\nrole.\n<\/p>\n
37.\t It is not a case where the developed area
\nand the undeveloped area or for that matter non agricultural and
\nagricultural lands are merely divided by a road. It is also not a
\ncase where the entire area is known and treated to be one and the
\nsame, although a part of it may be governed by the Panchyat and the
\nother part comes within a municipal area.\n<\/p>\n
38.\tIt stands admitted that the acquired lands
\nfor all intent and purport is divided into two parts. The eastern
\npart and only a small part of the western side is within the
\nmunicipal area and the other, consisting of agricultural lands, is
\noutside the municipal area. It furthermore stands admitted that the
\ntown has developed only on eastern side of the river and agricultural
\nlands are situated on the western side in which there is even no
\nresidential house.\n<\/p>\n
48.\tIt is on the aforementioned factual backdrop
\nand legal principles governing grant of compensation, the market
\nvalue of the lands situate within Group-1 is required to be
\ndetermined. The lands are purely agricultural lands. There were no
\nbuildings; there was no residential use; there was no factory. No
\ndevelopment had taken place nor was any development expected in
\nimmediate future. The lands were acquired only for the purpose of
\nsubmergence. It had thus even no building potentiality. We,
\ntherefore, are of the opinion that in view of the materials brought
\non record, the valuation of the land should be determined at Rs.50\/-
\n(Rupees Fifty only) per square meter.\n<\/p>\n
 FOR GROUP-II<\/p>\n
82.\tSo far as deeds of sale pertaining to the
\nyears 1988 and 1989 are concerned, the same were executed more than
\nthree years prior to the date of acquisition. However, in respect of
\nthe deeds of sale pertaining to Survey No. 89, in view of the
\nunder-valuation of the lands sold, the Collector fixed the same at
\nthe rate of Rs.125\/- per sq. mtr. Furthermore, the Collector himself
\nhas fixed the premium of Rs.300\/- per sq. mtr. for conversion from
\nagricultural land to non-agricultural land. Although the same by
\nitself would not be a safe criterion for determining the market
\nvalue, we are of the opinion that both of them may form the basis for
\narriving at a reasonable conclusion.\n<\/p>\n
83.\tFor the aforementioned purpose, this Court
\nmust keep in mind that the distance of the lands sought to be
\nacquired apart from other factors from the Highway also plays an
\nimportant role. Evidence has been brought on record to show that some
\nlands, which are the subject matter of the sale deeds on which
\nreliance has been placed by the claimants, are situated at a distance
\nof                                        1.5 to 4 kms from the
\nHighway. In that view of the matter, it would, in our opinion, be
\nsafe to arrive at the market value as on the date of acquisition for
\nthe non-agricultural lands at Rs.250\/- per sq. mtr. So far as the
\nagricultural lands are concerned, even if they had the potentiality
\nof being converted into a non-agricultural lands as on the date of
\nnotification, they were agricultural lands albeit in a developed
\narea. The valuation thereof may be determined at 50% of the developed
\nland, that is, at Rs. 125\/- per sq. mtr.\n<\/p>\n
 FOR GROUP-III<\/p>\n
96.\tKeeping in view the ratio laid down in the
\naforementioned decisions as also the materials placed on record, we
\nare of the opinion that the amount of compensation for the lands
\nacquired in this matter arrived at by the High Court, that is,
\nRs.240\/- per sq. mtr. for non-agricultural land and Rs.160\/- sq. mtr
\nfor agricultural land does not warrant any interference on our part.
\nThe High Court, in this regard, has adopted the correct approach
\nparticularly in view of the fact that the lands in question are not
\nonly situated within a developed area but being situated near
\nAerodrome, Schools, Hospitals, etc. the market value thereof could
\nnot have been determined at a lesser rate.\n<\/p>\n
97.\tNow we shall deal with the question of the
\namount payable for acquisition of 21 godowns and the land on which
\nthey stand in Survey No.43\/5A-1. Out of the total area of 4250 mtrs
\nof land, 2972 sq. mtrs. is agricultural land and 1278 sq. mtrs. is
\nnon-agricultural land on which the godowns have been constructed.
\nCommercial complexes were constructed on it in the year 1984.
\nRespondents have constructed 6 big godowns and 15 small godowns. The
\namount of rent of the godowns has been brought on record. Respondents
\nhave claimed compensation under various Heads, namely, price of the
\nland, loss suffered due to recovery of rent for 2 years of godowns,
\nloss for construction for deep-well, watchman quarter, etc.”\n<\/p>\n
The Apex Court has considered different awards passed for acquisition
\nof lands for the very public purpose i.e.
\n“Thebi Irrigation Project” pertaining to the lands of
\nVillage Baxipur, Village Giriya as well as Amreli. The Apex Court has
\nconsidered the geographical location of the lands so acquired for the
\ndetermination of its market value. The Apex Court while determining
\nthe market value, has considered that the lands situated on the
\nWestern side of river Thebi are wholly undeveloped and are
\nagricultural lands and, therefore, treating the lands situated on the
\nWestern side of river Thebi of village Baxipur as
\nwell as Giriya have been grouped as Group-I and has determined the
\nmarket value of such lands at Rs.50\/sq.mtr. Similarly, the Apex Court
\nhas considered the geographical location of the lands of Village
\nGiriya situated on the Eastern side of river Thebi and held that the
\nlands of Village Giriya situated on Western side of river Thebi are
\ndeveloped lands with infrastructural facilities like highway are more
\nvaluable lands and has considered that there are non-agricultural as
\nwell as agricultural lands but in a developed area and has grouped
\nthem as Group-II and has fixed\u00a0the market value of such
\nlands\u00a0falling under Group-II at Rs.125\/sq.mtr. for agricultural
\nlands and Rs.250\/sq.mtr. for non-agricultural lands. Similarly,
\nconsidering the geographical location of lands falling within\u00a0Amreli
\nand taking into consideration the fact that the lands situated within
\nAmreli are within the municipal limit hence, situated in the Eastern
\nside comprising of residential and commercial area which are already
\ndeveloped since 1984 are grouped as lands falling within Group-III
\nand as been determined the market value of those lands at
\nRs.160\/sq.mtr. for agricultural lands and Rs.240\/sq.mtr. for
\nnon-agricultural lands.\n<\/p>\n
On examining the
\n\tlands under acquisition in these appeals, more particularly the map
\n\tat Exh.18, we find that lands bearing Survey Nos.96\/18 and 96\/20 of
\n\tVillage Giriya are situated on the\u00a0Western side of river Thebi,
\n\twhereas Survey No.99 part of Village Giriya are situated on the
\n\tEastern side of river Thebi i.e.
\n\tin a developed area near the State Highway Road.\n<\/p>\n
Hence, keeping in
\n\tview the ratio laid down by the Apex Court in the case of Deputy
\n\tCollector, Land Acquisition, Gujarat & Anr. (supra), lands
\n\tbearing Survey Nos.96\/18 and 96\/20 of Village Giriya would fall
\n\tunder Group-I as the same are situated on Western side of river
\n\tThebi, whereas Survey No.99 part of Village Giriya would fall under
\n\tGroup-II as the same are situated on the Eastern side of river
\n\tThebi.\n<\/p>\n
It may be noted that
\n\tin the judgment of Deputy Collector, Land Acquisition, Gujarat &
\n\tAnr. (supra) while fixing the market value of the lands falling
\n\tunder Group-I at Rs.50\/sq.mtr., the Apex Court had considered the
\n\tland acquisition proceedings wherein section 4 notifications were
\n\tpublished varying from 08.08.1990 to 05.06.1993, whereas in the
\n\tinstant case, section 4 notification is of dated 14.04.1995 and,
\n\ttherefore, as decided by this Court in the case of  The Special
\n\tLand Acquisition Officer, Bharuch Vs. Motibhai Mohanbhai, 1997
\n\t(2) G.L.H. 773, the opponents\/ claimants would be entitled to
\n\tincrease in price for two years @ 10% p.a. and, therefore, in First
\n\tAppeal Nos.1302-1303\/2002 the respondents\/original claimants shall
\n\tbe entitled to compensation @ Rs.60\/sq.mtr. (i.e. Rs.50\/- plus
\n\tRs.10\/-). Similarly, as per the aforesaid judgment of the Apex Court
\n\twhile determining the market value for the lands falling under
\n\tGroup-II, wherein notification under section 4 was published on
\n\t10.12.1992, the respondents\/ original claimants, who fall within
\n\tGroup-II, would also be entitled to increase in market value by 10%
\n\tp.a. for two years and, therefore, the respondents\/original
\n\tclaimants of First Appeal Nos.1304-1305\/2002 shall be entitled to
\n\tcompensation at Rs.150\/- (i.e. Rs.125\/- plus Rs.25\/-). Other
\n\tstatutory benefits, as awarded by the Reference Court under section
\n\t23(1A), 23(2) and 28 of the Act, are not required to be interfered
\n\twith, save and except to the extent that on account of reduction of
\n\tprincipal amount of compensation, such benefits shall get
\n\tproportionately reduced. Hence, the impugned judgment and award of
\n\tthe Reference Court shall stand modified accordingly.\n<\/p>\n
In the result, the
\n\tappeals are partly allowed to the aforesaid extent and in the facts
\n\tand circumstances of the case, there shall be no order as to costs.\n<\/p>\n
Registry to
\n\tplace a copy of this judgment in all the connected matters. Registry
\n\tis also directed to send back the original record and proceedings to
\n\tthe Reference Court.\n<\/p>\n
Sd\/-\n<\/p>\n
[JAYANT
\nPATEL,J]<\/p>\n
Sd\/-\n<\/p>\n
[
\nR.M.CHHAYA, J]<\/p>\n
\tAfter
\nthe pronouncement of the judgment, the
\nlearned counsel for the original claimants prays that the authorities
\nmay be directed to deposit the amount of compensation, if not
\ndeposited fully. Hence, considering the facts and circumstances, the
\namount of compensation, if not deposited with the Reference Court,
\nshall be deposited within a period of 08 (eight) weeks from the
\nreceipt of the judgment of this court.\n<\/p>\n
Sd\/-\n<\/p>\n
[JAYANT
\nPATEL,J]<\/p>\n
Sd\/-\n<\/p>\n
[
\nR.M.CHHAYA, J]<\/p>\n
***<\/p>\n
Bhavesh*<\/p>\n
\t\t   \u00a0\u00a0\u00a0<\/p>\n
\t\t   Top<\/p>\n","protected":false},"excerpt":{"rendered":"
Gujarat High Court Land vs H on 23 August, 2011 Author: Jayant Patel, R.M.Chhaya, Gujarat High Court Case Information System Print FA\/1302\/2002 13\/ 13 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No.1302 of 2002 To FIRST APPEAL No.1305 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL Sd\/- HONOURABLE MR.JUSTICE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16,8],"tags":[],"class_list":["post-215066","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"\nLand vs H on 23 August, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/land-vs-h-on-23-august-2011-2\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Land vs H on 23 August, 2011 - 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