Lh Of Patel Jayantibhai ... vs State Of Gujarat

                                                                                 NEUTRAL CITATION




     C/FA/2372/2023                               ORDER DATED: 04/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2372 of 2023

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         LH OF PATEL JAYANTIBHAI MATHURBHAI SINCE DECD
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Appellant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,2,3
for the Defendant(s) No. 2
MR ADITYA DAVDA, AGP for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 04/10/2023

                               ORAL ORDER

Learned Advocate for the appellants has submitted that present appeal challenges the award dated 29/09/2016 passed by the learned Principal Senior Civil Judge, Modasa in LAQ Case No.1825 of 2010 which came to be decided in a group of LAR No.1815 of 1833 of 2010 against which First Appeal No.1099 of 2023 and allied matters have been preferred and this Hon'ble Court vide order dated 26/04/2023 has disposed of the said group of appeals. He would further submit that in the said order the Hon'ble Court has in detail dealt with the facts of LAR Case No.1815 of 2010 to 1833 of 2010 which includes award and in question and disposed of the said group of appeal and he therefore requested to pass similar order in the present appeal.

2. Having heard the learned Advocate for the appellant and learned AGP and having perused the order dated 26/04/2023 Page 1 of 4 Downloaded on : Wed Oct 04 20:49:38 IST 2023 NEUTRAL CITATION C/FA/2372/2023 ORDER DATED: 04/10/2023 undefined passed by this Court in similar group of matters, there is no dispute on the submission made by the learned Advocate for the appellant. However, while adopting the facts and reasons assigned therein insofar as it relates to LAR No.1815 of 2010 to 1833 of 2010 as a part and parcel of present appeal, following final order is passed.

1) That the market value of the lands is enhanced from Rs.114/- per sq. mtr. to Rs.300/- per sq. mtr., i.e. the appellants would be entitled to additional compensation of Rs.186/- per sq. mtr. (i.e. Rs.300/- per sq. mtr. minus Rs.114/- per sq. mtr.) (in First Appeals No.1099, 1114, 1109, 1107, 1104, 1103, 1102, 1115, 1110, and 1106 of 2023 - LAR Nos.1819, 1815, 1824, 1817, 1832, 1816, 1828, 1831, 1827, and 1823 of 2010) and the market value of the lands is enhanced from Rs.80/- per sq. mtr. to Rs.300/- per sq. mtr.

2) The appellants are entitled to an additional amount at the rate of 12% per annum on such market value for the period from the date of the publication of the Notification under Section 4 of the Act to the date of the award of the Collector of the date of taking possession of the lands, whichever is earlier in view of Section 23 (1-A) of the Act.

3) It is further ordered that the claimants are also entitled, in addition to the market value of the land, to a sum of 30% on such market value, in consideration of compulsory nature of the acquisition in view of Section 23(2) of the Act along with interest.

NEUTRAL CITATION C/FA/2372/2023 ORDER DATED: 04/10/2023 undefined

4) It is further ordered that the claimants are also entitled for the simple interest at the rate of 9% per annum for the first year from the date on which possession is taken of the lands to the date of payment into Court on the additional amount of compensation and 15% per annum after expiry of such first year till payment is made on the additional amount of compensation in view of Section 28 of the Act.

5) The appellants are also entitled to 10% rise in the amount of award between the period from 16.10.2004 i.e. from the date of Notification under Section 4 of the Act in Land Acquisition Reference Nos.113 to 121 of 2017 to 5.8.2008 i.e. the date on which Notification under Section 4 of the Act in the Land Acquisition Reference cases, which were the subject matter of the issue in the impugned decision i.e. for 3 years 9 months and 20 days, which comes to Rs.114/-per sq. mtr. Since Rs.114/- per sq. mtr., has already been paid, net amount comes to Rs.300/- per sq. mtr., Therefore, the appellants would be entitled to an additional amount at the rate of Rs.300/- per sq. mtr. Needless to say that the appellants should be entitled to statutory benefits on the enhanced amount of compensation including the interest awarded earlier except for the time period stated in the earlier part of the order i.e. interest from the date of the award in question till date of filing of the first appeal i.e. 29.9.2016 to 28.1.2023.

6) The respondents are directed to deposit the additional Page 3 of 4 Downloaded on : Wed Oct 04 20:49:38 IST 2023 NEUTRAL CITATION C/FA/2372/2023 ORDER DATED: 04/10/2023 undefined enhanced amount within a period of 12 weeks from the date of receipt of this order.

3. In view of the above findings by the co-ordinate Bench in the aforesaid group of matters, market value of the land is enhanced from Rs.114/- per sq. mtrs to Rs.300/- per sq. mtrs., i.e. the appellant would be entitled to additional amount of Rs.186/- per sq. mtrs., (Rs.300-Rs.114/- per sq. mtrs.). Rest of the finding and the judgment insofar as it relates to LAR Case No.1815 of 2010 to 1833 of 2010 shall also govern the dispute of the present appeal.

4. With these observations and directions, the present appeal stands disposed of as allowed.

(J. C. DOSHI,J) SHEKHAR P. BARVE Page 4 of 4 Downloaded on : Wed Oct 04 20:49:38 IST 2023