{"id":239030,"date":"2010-10-12T00:00:00","date_gmt":"2010-10-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010"},"modified":"2018-04-16T01:45:56","modified_gmt":"2018-04-15T20:15:56","slug":"spl-vs-bhailal-on-12-october-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010","title":{"rendered":"Spl vs Bhailal on 12 October, 2010"},"content":{"rendered":"
Gujarat High Court<\/div>\n
Spl vs Bhailal on 12 October, 2010<\/div>\n
Author: J.M.Panchal,&Nbsp;Honble Smt. Kumari,&Nbsp;<\/div>\n
   Gujarat High Court Case Information System \n\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\n\n \n\n\n\t \n\nFA\/2295\/2007\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. 2295 of 2007\n \n\nTo\n\n\n \n\nFIRST\nAPPEAL No. 2311 of 2007\n \n\n \n \nFor\nApproval and Signature:  \n \nHONOURABLE\nMR.JUSTICE J.M.PANCHAL  \n \n\n\n \n\nHON'BLE\nSMT. JUSTICE ABHILASHA KUMARI\n \n \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
2<\/span><\/p>\n
To be
\n\t\t\treferred to the Reporter or not ?\n<\/p>\n
3<\/span><\/p>\n
Whether
\n\t\t\ttheir Lordships wish to see the fair copy of the judgment ?\n<\/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
5<\/span><\/p>\n
Whether
\n\t\t\tit is to be circulated to the civil judge ?\n<\/p>\n
=========================================================<\/p>\n
SPL.\n<\/p>\n
LAND ACQ. OFFICER & 1 – Appellants<\/p>\n
Versus<\/p>\n
BHAILAL
\nDIPUBHAI -Respondents<\/p>\n
=========================================================<\/p>\n
Appearance
\n:\n<\/p>\n
MR
\nSUNIT S SHAH, GOVERNMENT PLEADER, for the appellants in First Appeal
\nNos. 2295 to 2302 of 2007. MR JASWANT K.SHAH, A.G.P. for appellants
\nin First Appeal Nos. 2303 to 2311 of 2007.\n<\/p>\n
MR
\nGM AMIN for the
\nrespondent-claimants.\n<\/p>\n
=========================================================<\/p>\n
CORAM
\n\t\t\t:\n<\/p>\n
HONOURABLE
\n\t\t\tMR.JUSTICE J.M.PANCHAL<\/p>\n
and<\/p>\n
HON’BLE
\n\t\t\tSMT. JUSTICE ABHILASHA KUMARI<\/p>\n
Date
\n: 07\/05\/2007 <\/p>\n
ORAL
\nCOMMON JUDGMENT <\/p>\n
(Per
\n: HONOURABLE MR.JUSTICE J.M.PANCHAL)<\/p>\n
\tAdmitted.\n<\/p>\n
Mr.G.M.Amin, learned Counsel, waives service of notice on behalf of
\nthe claimant\/s in each appeal. Having regard to the facts of the
\ncase, the appeals are taken up for final disposal today.\n<\/p>\n
\tWhat
\nis challenged in these appeals filed under Section 54 of the Land
\nAcquisition Act, 1894 [“the Act” for short] read with
\nSection 96 of the Code of Civil Procedure, 1908 is the legality of
\ncommon judgment and award dated March 31, 2006, rendered by the
\nlearned 4th Additional Senior Civil Judge, Ahmedabad (R) at
\nNavrangpura, in Land Acquisition Case Nos. 343 to 359 of 2002, by
\nwhich the claimants have been awarded additional amount of
\ncompensation at the rate of Rs. 27.40 Ps. per sq.mt., for their
\nacquired lands, over and above the compensation offered to them at
\nthe rate of Rs. 2.40 Ps. per sq.mt.  by the Special Land Acquisition
\nOfficer vide award dated December 22, 2000.\n<\/p>\n
2.\tThe
\nExecutive Engineer, Narmada Yojna, Division No.8, Dholka proposed to
\nthe State Government to acquire lands of village Rupgadh, Taluka :
\nDholka, District : Ahmedabad for the public purpose of construction
\nof a canal under Narmada Project. On
\nperusal of the said proposal, the State Government was satisfied that
\nthe lands of village Rupgadh specified therein were likely to be
\nneeded for the said public purpose. Therefore, a notification under
\nSection 4(1) of the Act was issued, which was published in the
\nOfficial Gazette on August 28, 1998. Thereafter necessary inquiry as
\ncontemplated by Section 5A of the Act was conducted. On completion of
\ninquiry, a report as contemplated by Section 5A(2) of the Act was
\nforwarded by the Special Land Acquisition Officer to the State
\nGovernment. On consideration of the said report, the State Government
\nwas satisfied that the lands of village Rupgadh, which were specified
\nin the notification published under Section 4(1) of the Act were
\nneeded for the public purpose of construction of a canal under
\nNarmada Project. Therefore, a declaration under Section 6 of the Act
\nwas made, which was published in the Official Gazette on March 16,
\n1999. The interested persons were thereafter served with notices for
\ndetermination of  compensation payable to them. Accordingly, the
\nclaimants appeared before the Special Land Acquisition Officer and
\nclaimed compensation at the rate of Rs. 50\/- per sq.mt. However,
\nhaving regard to the materials placed before him, the Special Land
\nAcquisition Officer by his award dated December 22, 2000 offered
\ncompensation to the claimants at the rate of Rs. 2.40 Ps. per sq.mt.
\n The claimants were of the opinion that the offer of compensation
\nmade by the Special Land Acquisition Officer was totally inadequate.
\nTherefore, they submitted applications under Section 18 of the Act
\nrequiring the Special Land Acquisition Officer to refer their cases
\nto the  Court for the purpose of determination of just amount of
\ncompensation payable to them. Accordingly, references were made to
\nthe District Court, Ahmedabad (R) at Navrangpura, where they were
\nnumbered as Land Acquisition Case Nos.343 to 359 of 2002.\n<\/p>\n
3.\tOn
\nbehalf of the claimants,  witness Ranjitbhai Ravjibhai Parmar was
\nexamined at Exh.27 in support of their claim for enhanced
\ncompensation. The witness stated that the lands acquired were highly
\nfertile and that as they were irrigated and even, each claimant was
\nable to raise crops of cotton, cumin-seeds, juvar, til, paddy, wheat
\netc. The witness mentioned that each claimant was able to earn net
\nprofit of Rs. 40,000\/- per Bigha per year from the sale of
\nagricultural produces. In order to support his claim that the lands
\nacquired were highly fertile, the witness produced 7\/12 Extracts
\nrelating to the lands acquired at Exhs.14 to 19. The witness stated
\nthat boundaries of his village Rupgadh were touching the boundaries
\nof village Koth and that Narmada canal was coming from village Koth
\nto the sim of his village. The witness further explained that the
\nsurvey numbers of village Koth and the survey numbers acquired in the
\ninstant case for the purpose of construction of a canal under the
\nNarmada Project were adjoining each other. The witness mentioned that
\nfor the purpose of construction of canal under Narmada Project, lands
\nof village Koth were acquired, for which the Reference Court had
\nawarded compensation at the rate of Rs.29.80 ps. per sq.mt. and,
\ntherefore, the claimants were entitled to enhanced compensation on
\nthe basis of the said previous award. The witness produced previous
\naward of the Reference Court relating to the lands of village Koth at
\nExh.24. The witness further asserted that the lands of village Koth,
\nwhich were acquired earlier for the public purpose of construction of
\na canal under Narmada Project were similar in all respects to the
\nlands acquired in the instant case including fertility and that
\nsimilar crops were being raised on the lands of both the villages.
\nThe witness stated that a Tar-road was available for the purpose of
\napproaching village Koth from his village and that village Koth was
\nsituated at a distance of  1-1\/2 KM away from his village.\n<\/p>\n
\tThis
\nwitness was cross-examined by the learned Counsel for the acquiring
\nauthorities. However, nothing substantial could be elicited nor the
\nassertion made by the witness that the lands which were acquired
\npreviously from village Koth were similar in all respects to the
\nlands acquired in the instant case could be demonstrated to be
\nuntrue.\n<\/p>\n
4.\tIt
\nmay be stated that on behalf of the acquiring authorities, no witness
\nwas examined at all. On appreciation of evidence adduced by the
\nparties, the Reference Court concluded that the lands acquired in the
\ninstant cases were irrigated lands. The Reference Court further
\ndeduced that previous award of the Reference Court relating to the
\nlands of village Koth was a relevant piece of evidence for the
\npurpose of determining the market value of the lands acquired in the
\ninstant cases. Placing reliance on the said previous award, the
\nReference Court has awarded additional amount of compensation to the
\nclaimants at the rate of Rs.27.40 ps.per sq.mt.   by the impugned
\naward, giving rise to the above-numbered appeals.\n<\/p>\n
5.\tThis
\nCourt has heard Mr.Jaswant K.Shah, learned Assistant Government
\nPleader for the appellants, and Mr.G.M.Amin, learned Counsel for the
\nclaimant\/s in each appeal, at length and in great detail. This Court
\nhas also considered  the paper-book supplied by the learned Counsel
\nfor the claimants, which includes oral as well as documentary
\nevidence adduced by the claimants before the Reference Court. It is
\ntrue that the witness for the claimants could not make good his
\nassertion that each claimant was earning RS.40,000\/- per Bigha per
\nyear from the sale of agricultural produces. However, the said fact
\nis of no importance, inasmuch as the claimants never claimed enhanced
\ncompensation on yield basis, nor enhanced compensation was claimed by
\nthe claimants on the basis of comparable sale instances. What was
\nrelied upon by the claimants was previous award of the Reference
\nCourt relating to the lands of village Koth, which was produced at
\nExh.24. Exh.24 indicates that the lands of village Koth were acquired
\nfor the public purpose of construction of a canal under Narmada
\nProject pursuant to publication of notification issued under Section
\n4(1) of the Act in the Official Gazette on April 23, 1998. Therein,
\nthe Special Land Acquisition Officer by his award dated June 14, 1999
\nhad offered compensation to the claimants at the rate of Rs.1.90 ps.
\nper sq.mt. Feeling aggrieved, the claimants had sought references.
\nAccordingly, references were made to the District Court, Ahmedabad
\n(R) at Navrangpura, where they were numbered as Land Acquisition Case
\nNos.159 to 171 of 2001. In those cases, on behalf of the claimants,
\nwitness Lalubhai Jasmatsang was examined at Exh.31, whereas no
\nwitness was examined on behalf of the acquiring authorities. Therein,
\nthe claimants had relied upon the previous award of the Reference
\nCourt relating to the lands of village Koth rendered in Land
\nAcquisition Case Nos.26 of 1987, which was produced at Exh.29, in
\nsupport of their claim for enhanced compensation. On appreciation of
\nevidence adduced by the claimants, the Reference Court awarded
\nadditional amount of compensation to the claimants at the rate of
\nRs.27.90 ps. per sq.mt. by judgment and award dated December 10,
\n2003. During the course of hearing of the appeals, the learned
\nCounsel for the claimants has produced simple copy of judgment dated
\nNovember 7, 2006 rendered by the Division Bench in First Appeal
\nNo.3341 to 3353 of 2006, for perusal of the Court. It indicates that
\nthe judgment and award dated December 10, 2003 rendered by the
\nlearned 2nd Extra Assistant Judge and Special Judge (LAR), Ahmedabad
\n(R) at Navrangpura, in Land Acquisition Case Nos.159 to 171 of 2001
\nwas challenged before the High Court in the above-numbered appeals
\nand the appeals were dismissed by judgment dated November 7, 2006. It
\nis well settled that previous award of the Reference Court relating
\nto the lands of a village, which has attained finality, can be relied
\nupon as a good piece of evidence for the purpose of determining
\nmarket value of similar lands acquired subsequently from the
\nadjoining village. Under the circumstances, this Court is of the
\nopinion that the Reference Court did not commit any error in placing
\nreliance on the previous award of the Reference Court relating to the
\nlands of village Koth for the purpose of determining market value of
\nthe lands acquired in the instant cases. The contention that in the
\ninstant cases, lands acquired were not irrigated lands; whereas the
\nlands which were subject matter of the previous award of the
\nReference Court relating to the lands of village Koth, were irrigated
\nlands and, therefore, the impugned award should be suitably modified,
\nhas no substance. It may be mentioned that the witness for the
\nclaimants had produced necessary documents at Exhs.16 to 20 to
\nindicate that the lands acquired were irrigated lands. This evidence
\nwas not challenged by the acquiring authorities at all. Further,
\nExh.35 is Schedule `A’ attached to the award of the Special Land
\nAcquisition Officer in Case No.16 of 1998. It indicates that the
\nacquired lands were irrigated lands. Therefore, the plea that the
\nlands acquired in the instant cases  were not irrigated lands and,
\ntherefore, the previous award of the Reference Court relating to the
\nlands of village Koth could not have been relied upon, has no
\nsubstance and is hereby rejected. On reappreciation of evidence
\nadduced by the parties, this Court is of the opinion that correct
\nfindings of facts have been arrived at by the Reference Court on
\nappreciation of evidence adduced before it, to which well-settled
\nprinciples of law have been applied. The learned Assistant Government
\nPleader could not persuade this Court to take a view different than
\nthe one which is taken by the Reference Court on appreciation of
\nevidence adduced before it. Therefore, the appeals, which have no
\nmerits, are liable to be dismissed.\n<\/p>\n
\tFor
\nthe foregoing reasons, all the appeals fail and are hereby dismissed.
\nThere shall be no orders as to costs.\n<\/p>\n
\tThe
\nRegistry is directed to draw decree in terms of this judgment
\nimmediately.\n<\/p>\n
\t\t\t\t\t\t[J.M.PANCHAL,J.]<\/p>\n
\t\t\t\t\t[SMT.ABHILASHA
\nKUMARI,J.]<\/p>\n
(patel)<\/p>\n
\t\t   \u00a0\u00a0\u00a0<\/p>\n
\t\t   Top<\/p>\n","protected":false},"excerpt":{"rendered":"
Gujarat High Court Spl vs Bhailal on 12 October, 2010 Author: J.M.Panchal,&Nbsp;Honble Smt. Kumari,&Nbsp; Gujarat High Court Case Information System Print FA\/2295\/2007 13\/ 13 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2295 of 2007 To FIRST APPEAL No. 2311 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE J.M.PANCHAL HON’BLE SMT. […]<\/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-239030","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"\nSpl vs Bhailal on 12 October, 2010 - 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\/spl-vs-bhailal-on-12-october-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Spl vs Bhailal on 12 October, 2010 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2010-10-11T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-04-15T20:15:56+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Spl vs Bhailal on 12 October, 2010\",\"datePublished\":\"2010-10-11T18:30:00+00:00\",\"dateModified\":\"2018-04-15T20:15:56+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\"},\"wordCount\":1975,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/www.legalindia.com\/judgments\/#organization\"},\"articleSection\":[\"Gujarat High Court\",\"High Court\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\",\"url\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\",\"name\":\"Spl vs Bhailal on 12 October, 2010 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\/\/www.legalindia.com\/judgments\/#website\"},\"datePublished\":\"2010-10-11T18:30:00+00:00\",\"dateModified\":\"2018-04-15T20:15:56+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.legalindia.com\/judgments\/spl-vs-bhailal-on-12-october-2010#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.legalindia.com\/judgments\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Spl vs Bhailal on 12 October, 2010\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.legalindia.com\/judgments\/#website\",\"url\":\"https:\/\/www.legalindia.com\/judgments\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. 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