Gujarat High Court
Patel Amrutlal Madhavlal vs Special Land Acquisition Officer on 19 March, 2021
Bench: Vineet Kothari, Biren Vaishnav
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
1. R/FIRST APPEAL NO. 1796 of 2017
With
2. R/FIRST APPEAL NO. 1797 of 2017
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3. R/FIRST APPEAL NO. 1798 of 2017
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4. R/FIRST APPEAL NO. 1799 of 2017
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5. R/FIRST APPEAL NO. 1800 of 2017
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6. R/FIRST APPEAL NO. 1801 of 2017
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7. R/FIRST APPEAL NO. 1802 of 2017
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8. R/FIRST APPEAL NO. 1836 of 2017
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9. R/FIRST APPEAL NO. 1837 of 2017
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10. R/FIRST APPEAL NO. 1838 of 2017
With
11. R/FIRST APPEAL NO. 1839 of 2017
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12. R/FIRST APPEAL NO. 1840 of 2017
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13. R/FIRST APPEAL NO. 1841 of 2017
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14. R/FIRST APPEAL NO. 1842 of 2017
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15. R/FIRST APPEAL NO. 1843 of 2017
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16. R/FIRST APPEAL NO. 1846 of 2017
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17. R/FIRST APPEAL NO. 1847 of 2017
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18. R/FIRST APPEAL NO. 1848 of 2017
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19. R/FIRST APPEAL NO. 1849 of 2017
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20. R/FIRST APPEAL NO. 1850 of 2017
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21. R/FIRST APPEAL NO. 1851 of 2017
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22. R/FIRST APPEAL NO. 1852 of 2017
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23. R/FIRST APPEAL NO. 1853 of 2017
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24. R/FIRST APPEAL NO. 1854 of 2017
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25. R/FIRST APPEAL NO. 1855 of 2017
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26. R/FIRST APPEAL NO. 1856 of 2017
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27. R/FIRST APPEAL NO. 1857 of 2017
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28. R/FIRST APPEAL NO. 1858 of 2017
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29. R/FIRST APPEAL NO. 2850 of 2017
==============================================================
PATEL AMRUTLAL MADHAVLAL
Versus
SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
==============================================================
Appearance:
MR YATIN SONI(868) for the Appellant(s) No. 1
MR SOAHAM JOSHI, AGP (1) for the Defendant(s) No. 1,2
==============================================================
CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
Date : 19/03/2021
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. All these Appeals arise out of the Judgment and Award dated
29.7.2015 passed by the learned Principal Senior Civil Judge,
Mehsana in respective Land Acquisition Reference (for short
"LAR") Cases. By the Awards in question, the learned
Principal Senior Civil Judge, Mehsana enhanced the
compensation of the Appellants - Claimants to Rs.107/ per
Square Meter.
2. The present Appeals have been filed by the Appellants -
Claimants for enhancement of compensation from Rs.107 per
Square Meter to Rs.540/ per Square Meter.
3. Mr. Yatin Soni, learned Counsel for the Appellants would
submit that the lands in question are situated in village
Dhadhusan, Taluka Visnagar, District Mehsana. The lands
were acquired for Sujlam Suflam Canal. The Section 4
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
Notification was published on 3.7.2004 and Notification under
Section 6 was published on 26.8.2004 and the award under
Section 11 of the Land Acquisition Act, 1984 was passed on
15.9.2004.
4. Mr. Yatin Soni, learned counsel for the Appellants would
submit that for the land contiguous to the village in the
present case, namely for village Gojaria acquired for the same
purpose, First Appeals were filed before this Court, which
were ultimately decided by the Hon'ble Supreme Court in
Civil Appeal Nos.90619110 of 2011 dated 1.11.2017.
5. Similarly for the lands at Vasai also which are contiguous to
the lands of village Dhadhusan, Taluka Visnagar, District
Mehsana, First Appeal No.2513 of 2011 and other allied
Appeals were filed before this Court wherein considering the
Order passed by the Hon'ble Supreme Court in the Appeals
concerning village Gojaria, this Court passed an Order on
23.8.2019. The relevant paragraph Nos.8 to 12 are reproduced
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
as under:
"8.0. Upon considering the submissions made and
contention raised before us, it would be appropriate to
note that before the Reference Court the respondents have
themselves relied upon the award passed in case of
village Gojaria and the Reference Court has determined
the market value based upon the award passed by the
Reference Court in Land Reference Case Nos. 66 of 2003
and 68 of 2003 to 70 of 2003 wherein Section 4
Notification is dated 25.03.1991 for the lands
situated at village Gojaria and has determined the
market value of the lands in question situated at village
Vasai at Rs.75.05 per sq mtr. It was the case
of the respondents themselves before the Reference
Court that the reliance placed by the appellants i.e.
original land owners on the award of village Kherava
and Samo are not comparable and the award passed
in Land Reference Case of village Gojaria are
comparable. Having taken such stand before the
Reference Court, the respondents now cannot be
permitted in these appeals filed by the land owners and
having not challenged the same to contend that the
award passed in case of Gojaria is not comparable
instance as Hon'ble Supreme Court has now determined
the market value of the lands situated at village Gojaria
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
at Rs.540/ pe sq mtr. The map at Exh.31 shows that
village Gojaria and Vasai are nearby villages and
village Gojaria and Dhandhusan are adjacent to
each other. The evidence also indicates that vide
order dated 6.8.2003 at Exh.25, the Collector had
determined the market value of the land of village Vasai
admeasuring 3000 sq mtr was allotted to Telecom
Department at Rs.500/ per sq mtr. Even in his cross
examination, the witness of the respondent at Exh.33
has stated that price of lands given go Telecom
Department at the rate of Rs.500/ per sq mtr was
determined by the District Valuation Committee.
9.0. It also deserves to be noted that
respondents have not adduced any other evidence
and have also not challenged the award
impugned in these appeals. The Hon'ble Supreme Court
vide common judgment and order dated 1.11.2017 has
observed thus: "Leave granted.
We have set aside the decision of the Mansa relied
upon by the High Court in the instant case, in Civil
Appeal Nos.90619110 of 2011 by a separate
judgment delivered today.
In this case, the land acquisition was in the
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
village Gojaria for which, Notification under Section 4
of the Land Acquisition Act, 1894, had been
issued on 03.07.2004.
In the instant case, 40 percent deduction
has been made by the Reference Court.
We find that the determination made by
the High Court could not be said to be
appropriate. The determination made by the Reference
Court appears to be reasonable. We set aside the
judgment of the High Court, and restore that of
the Reference Court in the instant cases. The appeals
stand allowed.
9.1. Having taken a definite stand before the Reference
Court, the respondents cannot now be permitted to
contend to the contrary. The respondents have not been
able to point out anything from the evidence on record
that there is any difference in the type of lands situated
at village Gojaria and village Vasai and as stated herein
above, before the Reference Court the stand of the
respondent was that the best exemplar for
determining the market value for the lands situated at
village Vasai is that of village Gojaria. The best
exemplar as per the evidence on record is
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
considered by the Reference Court while determining
the market price is the award passed for lands of village
Gojaria.
10. Considering the judgment of the Hon'ble Supreme
Court in the case of Mehrawal Khewaji Trust (Regd)
Faridkot and ors vs. State of Punjab and Ors reported in
AIR 2012 SC 2721, the highest comparable exemplar
has to be accepted. It also deserves to be noted
that judgment of the Hon'ble Supreme Court which is
relied upon by the appellants before this Court relates to
village Gojaria wherein Section 4 Notification is of the
same date i.e. 3.7.2004 and even the public purpose
is the same i.e. Sujlam Suflam Canal.
Considering map which was produced by the
learned AGP for perusal of this Court which is
similar to the map at Exh.31 clearly shows that lands
were acquired for the same purpose i.e. for laying down
Sujlam Suflam Irrigation Project. In light of the
aforesaid and considering the market value as
determined by the Hon'ble Supreme Court in the
case of village Gojaria, the same being highest
and best exemplar is to be considered as most
comparable instance for determining the market value
for the lands in question also. The Reference Court has
also considered the market value of the lands situated at
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
village Gojaria as best exemplar. There is no evidence on
record to show that lands in question situated at Vasai
are in way different than the lands acquired for the same
public purpose vide notification under Section 4 of the
Act issued on the same day situated at Gojaria. The
contention raised by Mr. Patel learned AGP deserves to
be negatived. The exemplar of the lands situated at
Gojaria being the best exemplar, is to be taken as the
best exemplar for determining the market value of the
lands under acquisition. The contention raised by
Mr. Patel that in view of distance of 2 km. between
the lands acquired at Gojaria and the present acquired
lands, there should be deduction to the tune of 40%,
deserves to be negatived also in light of the
fact that the respondents State authorities have
not been able to show any difference in type of
lands i.e. under acquisition and the land which was
considered by the Hon'ble Supreme Court situated at
village Gojaria. The factum that Gojaria is now a
taluka place, cannot be considered as development has
taken place after the relevant date i.e. after the date of
Section 4 Notification in the instant case. On the
contrary, the Hon'ble Apex Court has determined the
market value of the land situated at village: Gojaria for
the acquisition which was initiated by Section 4
Notification of the same date.
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PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
11. Mr. Soni learned advocate for the
appellants has made statement at the bar that
even considering some difference of geographical
location, the appellants are ready and willing to
accept the market value of Rs.500/ taking into
consideration the said concession made by the learned
advocate for the appellants. We determined the market
value of the lands in question situated at village
Vasai at Rs.500/ per sq mtr. The appellants
original owners would be entitled to Rs.500 per sq mtr
as compensation along with all statutory benefits.
12. In view of the above and for the reasons stated
above, present appeals are partly allowed. The impugned
judgment and award is modified to the aforesaid extent.
Rest of the judgment and award remain unaltered.
However, there shall be order as to costs."
6. Mr. Soaham Joshi, learned Assistant Government Pleader
would oppose the Appeals and contend that though the
villages of Vasai and Gojaria would be nearby villages, they
would not be compatible for instances of awarding
compensation.
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
7. Perusal of the Oral Judgment dated 23.8.2019 of First Appeal
No.2513 of 2011 and allied matters of Division Bench of this
Court, wherein, the Order of the Hon'ble Supreme Court
has been reproduced in paragraph No.9, it cannot be said that
the village of present Appellants i.e. Dhadhusan, Taluka
Visnagar, District Mehsana should not receive compensation
at par with the villages Gojaria and Vasai which were a
subject matter of the Appeals before the Hon'ble Supreme
Court and this Court respectively.
8. Upon considering the submissions made by the learned
Counsels for the respective parties, we think it fit to enhance
the compensation in the respective Land Reference Cases and
award compensation @ Rs.520/ per Square Meter in respect
of the lands in question to the Appellants Claimants. The
Appellants Claimants were already awarded a sum of
Rs.107/ per Square Meter and, therefore, they would be
entitled to additional compensation of Rs.413/ per Square
Meter so as to their entitlement of total compensation of
C/FA/1796/2017 ORDER Dt. 19.3.2021
PATEL AMRUTLAL MADHAVLAL VERSUS SPECIAL LAND ACQUISITION OFFICER
Rs.520/ per Square Meter.
9. In view of above, the Appeals are accordingly allowed. The
compensation is enhanced accordingly. The impugned award
stands modified and the Appellants - Claimants shall be
entitled to additional compensation of Rs.413/ per Square
Meter and the Respondents are directed to pay such
additional amount of compensation as per the directions of the
Reference Court. However, the rate of interest on the
additional amount of compensation shall be @ 9% p.a. from the
date of the Award of the Reference Court i.e. 29.7.2015. Such
compensation shall be paid within Four Months from the
date of receipt of Writ of this Order.
[ DR. VINEET KOTHARI,J. ]
[ BIREN VAISHNAV, J. ]
*** KOTECHA
