Lh Of Decd Mohanbhai Harkhabhai ... vs Dy Collector Land Acquisition And ...
2021 Latest Caselaw 13004 Guj

       C/FA/1721/2020                                  ORDER DATED: 01/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1721 of 2020

==========================================================
            LH OF DECD MOHANBHAI HARKHABHAI SAVLIYA
                             Versus
        DY COLLECTOR LAND ACQUISITION AND REHEBILITATION
                          (IRRIGATION)
==========================================================
Appearance:
MR GM AMIN(124) for the Appellant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.5.1,1.5.2,1.5.3,1.6,1.7,1.7.1,1.7.2,1.8,1.9
MR. MANRAJ BAROT, AGP for the Defendant(s) No. 1,2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 01/09/2021

                                 ORAL ORDER

Heard learned advocate Mr. G. M. Amin for the appellants and learned Assistant Government Pleader Mr. Manraj Barot for the respondents state authorities.

2. The present First Appeal under section 54 of the Land Acquisition Act, 1894 read with section 96 of the Code of Civil Procedure, 1908, is directed against judgment and award delivered by learned Principal Senior Civil Judge, Amreli, on 25.5.2018 in Land Acquisition Reference Case No. 101 of 1999, thereby the Reference of the appellant claimant came to be partially allowed. It was ordered that the claimant would be entitled to recover market value of Rs. 20 per sq.mtr. for his acquired non-irritated (jirayat) land, that is Rs. 2000 per Are together with interest and other statutory benefits.

3. Acquisition was for Vadi Irrigation Project. Notification under section 4 of the Land Acquisition Act, 1894 in the government gazette was issued on 26.7.1995, followed by notification under section 6 dated

C/FA/1721/2020 ORDER DATED: 01/09/2021

8.11.1995. The Land Acquisition Officer declared award under section 11 of the Act on 13.2.1998 in Land Acquisition Case No. 5 of 1995 awarding compensation at Rs. 7.50 per square meter for jirayat land with statutory benefits, solatium etc.. Thereafter Reference was made by the aggrieve claimant under section 18 of the Act to result into the impugned judgment and award in the appeal .

4. While several grounds are raised in the memorandum of appeal seeking enhancement in the compensation awarded, learned advocate for the appellant readily relied on the decision of this court in Shambhubhai Bhavanbhai Nakrani vs. State of Gujarat being First Appeal No. 3980 of 2018 decided on 26.7.2021. The said appeal was disposed of by relying on the decision of the Division Bench in First Appeal No. 2825 of 2012 and allied matters decided on 7.8.2018. The decision in Shambhubhai Nakrani (supra) as well as the aforementioned Division Bench decision, both related to the land of the same village for the same public purpose Vadi Irrigation Project.

4.1 In Shambhubhai Nakrani (supra), the date of notifications under section 4 and section 6 were closed to the dates obtaining in the instant case. For instance in Shambhubhai Nakrani (supra) the section 4 notification was issued on 5.7.1996 and section 6 notification was issued on 1.7.1999.

5. Learned Assistant Government Pleader would fairly submitted that the decision in Shambhubhai Nakrani (supra) would apply to the present case and that he could submit before the court that the order on the same lines may be passed.

6. In the above view, the following observations and findings recorded by the Division Bench in First Appeal No. 2825 of 2012 quoted

C/FA/1721/2020 ORDER DATED: 01/09/2021

and relied on in Shambhubhai Nakrani (supra) may be reproduced hereinbelow as part of reasoning of this order,

"66. Insofar as First Appeals No.2825 to 2359 of 2012 and First Appeals No.229 of 2016 to 246 of 2016 are concerned, the notifications under section 4 of the Act have been issued on varying dates in the year 01.02.1996 to 16.06.1996. Considering the market value of the lands to be Rs.50/¬ per square metre in the year 1993, the appellants would be entitled to an increase of 10% per annum for three years. The market of value of the lands would thus come to Rs.50/¬ plus Rs.15/¬ = Rs.65/¬ per square metre for jirayat lands. For bagayat lands the market value is required to be computed at the rate of one and a half times the rate for jirayat lands. Accordingly, the market value of bagayat lands would come to Rs.75.00/¬ plus Rs.22.50 = Rs.97.50 per square metre.

67. The Reference Court has awarded compensation at the rate of Rs.20/¬ per square metre for jirayat land and Rs.30/ per square metre for bagayat land. The appellants would therefore be entitled to additional compensation of Rs.45/¬ per square metre (Rs. 65.00¬Rs. 20.00) for jirayat land and Rs.67.50 per square metre (Rs.97.50¬Rs.30.00) for bagayat land.

68. Insofar as First Appeals No.1546 of 2018 to 1550 of 2018, First Appeals No.1552 of 2018 to 1559 of 2018 and First Appeal No.1561 of 2018 are concerned, the notification under section 4 of the Act came to be published on 19.01.2004. Since this court has determined the market value of jirayat land at Rs.65/¬ per square metre and Rs.97.50 per square metre for bagayat land in respect of village Mangvapal, wherein the notification under section 4 of the Act came to be issued on 1.2.1996, the court deems it fit to adopt the said market value as the basis for determining the market value in this group of appeals. Thus, adopting Rs.65/- per square metre for jirayat land and Rs.97.50 per square metre for bagayat land as the basis as on 1996, the appellants-claimants would be entitled to 10% increase per annum for eight years, that is, from 1996 to 2004. Accordingly, the market value of the lands would come to Rs.117/¬ per square metre (Rs.65 + Rs.52) for jirayat land and Rs.175.50 per square metre (Rs.97.50 + Rs.78) for bagayat land.

69. The Reference Court has awarded compensation at the rate of Rs.20/¬ per square metre for jirayat land and Rs.30/ per square meter for bagayat land. The appellants would, therefore, be entitled to additional compensation at the rate of Rs.97/¬per square metre (Rs.117/¬00 - Rs.20/¬) for jirayat land and Rs.145.00 per square metre (Rs.175.50 - Rs.30.00) for bagayat land."

6.1 While deciding the First Appeal No. 3974 of 2018, 3975 of 2018 and 3978 of 2018 and other allied matters, similar directions were issued

C/FA/1721/2020 ORDER DATED: 01/09/2021

by this court following the decision of the Division Bench to hold the appellants claimants to be entitled to the additional compensation of Rs. 45 per sq. mtr. (Rs. 65.00 - Rs. 20.00) for Jirayat land as additional compensation. The present appeal is required to be treated alike and the appeal deserves to be allowed.

7. Accordingly, the present appeal is allowed for the above reasonings and in view of the judgment of the Division Bench in First Appeal No. 2825 of 2012 and other matters. The appellant herein shall be entitled to receive additional compensation at the rate of Rs. 45 per sq.mtr for Jirayat land.

8. The impugned judgment and award of the learned Principal Senior Civil Judge, Amreli, in Land Reference Case No. 101 of 1999 shall stand modified accordingly. It goes without saying that the appellant shall also be entitled to receive other statutory benefits available under the Act.

9. The appeal is allowed and disposed of as above.

(N.V.ANJARIA, J) C.M. JOSHI