Gujarat High Court
Chauhan Vardhmansinh Keshrisinh vs Deputy Collector on 6 April, 2021
Bench: Vineet Kothari, Biren Vaishnav
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
1. R/FIRST APPEAL NO. 2078 of 2016
With
2. R/FIRST APPEAL NO. 1352 of 2016
With
3. R/FIRST APPEAL NO. 1353 of 2016
With
4. R/FIRST APPEAL NO. 1721 of 2016
With
5. R/FIRST APPEAL NO. 1722 of 2016
With
6. R/FIRST APPEAL NO. 2079 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
==============================================================
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 ?
Page 1 of 7
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C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of India
or any order made thereunder ?
==============================================================
CHAUHAN VARDHMANSINH KESHRISINH
Versus
DEPUTY COLLECTOR & 1 other(s)
==============================================================
Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1
MR SOAHAM JOSHI, AGP(1) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2
==========================================================
CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date: 06/04/2021
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
[1] Heard learned Counsel for the respective parties
through Video Conferencing.
[2] Mr. A. V. Prajapati, learned Counsel for the
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
Appellants and Mr. Soaham Joshi, learned Assistant
Government Pleader for the Respondents agree that the
present Appeals are governed by the Oral Judgment of this
Court dated 1.3.2021 in First Appeal No.1810 of 2018 and
allied matters. The said decision is quoted below:
"1. All these Appeals are filed by the Original
Claimants being aggrieved and dissatisfied with
the judgment and order passed by the learned
Principal Senior Civil Judge, Gandhinagar in
respective Land Reference Cases. The claimants
have approached this Court for enhancement of
compensation.
2. The Reference Court partly allowed the
reference holding that the claimants are entitled to
get an amount of Rs.241.00 per square meter for
the acquired land as additional compensation over
and above the compensation already awarded by
the Land Acquisition Officer.
3. Briefly stated, in the respective Land
Reference Cases, the date of publication of
Notification under Section 4(A) of the Act was
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
13.9.2004, the date of the award passed by the land
Acquisition Officer was 2.8.2005.
4. Deliberations to enhance the compensation in
the respective Land Reference Cases is not a matter
of dispute as submitted by Mr. A.V. Prajapati,
learned counsel for the Appellants. He would rely
on order passed by the Hon'ble Supreme Court in
Civil Appeal Nos.90619110 of 2011 dated
1.11.2017. The purpose of acquisition in the case
before the Hon'ble Supreme Court was with regard
to acquisition for ONGC whereas in the present
case, the acquisition was for construction of Sujlam
Suflam Spreading Canal. The lands were
contiguous, inasmuch as, the lands in the present
Appeals are of Mansa and Bapupura villages
respectively which were also the lands concerned
before the Hon'ble Supreme Court. Even the date of
Notification was of the year 2004. The Hon'ble
Supreme Court in the aforesaid appeals held as
under:
"Coming to the question of determination of
compensation made by the Reference Court, by
relying on the Award, passed in the case of ONGC,
in which, acquisition had been made in October,
1999, for a small area, and compensation had been
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
determined at the rate of Rs.431 per square meter.
In the absence of any other evidence, we take the
same into consideration for determining the
compensation. However, we propose to make certain
deductions. The valuation worked out by the
Reference Court, by adding 10 per cent per annum,
comes to the figure of Rs.646.50 per square meter.
We have to deduct approximately 2425 per cent of
the compensation towards development and
smallness. The area that had been acquired for the
purposes of ONGC was small; but, considering the
potentiality of land, we make this slightly lesser
deduction; as deduction even up to 60 per cent is
permissible. This deduction is made in the peculiar
facts of the case, and considering the development
that has taken place around that place. Thus, the
compensation had been worked out at Rs.646.50 per
square meter, deducting 24/25 per cent from the
same, the value comes at rate of Rs.491 per square
meter. We award compensation at the rate of
Rs.491 per square meter along with statutory
benefits, the compensation that remains disbursed
be paid within a period of three months from
today."
Therefore, the Hon'ble Supreme Court
awarded compensation @ Rs.491/ per square
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
meter alongwith the statutory benefits.
5. Mr. Soaham Joshi, learned Assistant
Government Pleader would attempt to distinguish
the order of the Hon'ble Supreme Court in context
of the case of village Bapupura. However, reading
of the order of Hon'ble Supreme Court would
indicate that even in the case of village Bapupura,
the Appeals were remitted to the High Court and
when both villages Bapupura and Mansa are
within the same Taluka, we see no reason to take a
different view and therefore we think it fit in
enhancing the compensation in the respective Land
Reference Cases and award compensation @
Rs.491/ per square meter alongwith the
statutory benefits.
6. In view of above, the Appeals are accordingly
allowed. The compensation is enhanced
accordingly. The award stands modified and the
Appellants shall be entitled to compensation of
Rs.491/ per square meter alongwith the
statutory benefits. Compensation shall be paid
within three months from today."
[3] In view of above, the Appeals are accordingly allowed.
C/FA/2078/2016 JUDGMENT Dt. 6.4.2021
CHAUHAN VARDHMANSINH KESHRISINH Versus DEPUTY COLLECTOR
The compensation is enhanced accordingly. The award stands
modified and the Appellants shall be entitled to compensation
of Rs.491/ per square meter alongwith the statutory
benefits. Compensation shall be paid within three months
from today.
[ DR. VINEET KOTHARI,J. ]
[ BIREN VAISHNAV, J. ]
VATSAL S. KOTECHA
