Molubhai Vajsurbhai vs Special Land Acquisition Officer
2022 Latest Caselaw 4187 Guj

C/FA/3099/2019                            JUDGMENT DATED: 18/04/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 3099 of 2019
                             With
                 R/FIRST APPEAL NO. 3100 of 2019
                             With
                 R/FIRST APPEAL NO. 3102 of 2019
                             With
                 R/FIRST APPEAL NO. 3103 of 2019
                             With
                 R/FIRST APPEAL NO. 3108 of 2019
                             With
                 R/FIRST APPEAL NO. 3109 of 2019
                             With
                 R/FIRST APPEAL NO. 3104 of 2019
                             With
                 R/FIRST APPEAL NO. 3122 of 2019
                             With
                 R/FIRST APPEAL NO. 3106 of 2019
                             With
                 R/FIRST APPEAL NO. 3110 of 2019
                             With
                 R/FIRST APPEAL NO. 3107 of 2019
                             With
                 R/FIRST APPEAL NO. 3111 of 2019
                             With
                 R/FIRST APPEAL NO. 3112 of 2019
                             With
                 R/FIRST APPEAL NO. 3114 of 2019
                             With
                 R/FIRST APPEAL NO. 3115 of 2019
                             With
                 R/FIRST APPEAL NO. 3116 of 2019
                             With
                 R/FIRST APPEAL NO. 3117 of 2019
                             With
                 R/FIRST APPEAL NO. 3119 of 2019
                             With
                 R/FIRST APPEAL NO. 3120 of 2019
                             With
                 R/FIRST APPEAL NO. 2707 of 2019
                             With
                 R/FIRST APPEAL NO. 5118 of 2019
                             With
                 R/FIRST APPEAL NO. 3105 of 2019




                            Page 1 of 6

                                                Downloaded on : Wed Apr 20 20:43:58 IST 2022
       C/FA/3099/2019                             JUDGMENT DATED: 18/04/2022



FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE A.J.DESAI

and


HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

==========================================================

1     Whether Reporters of Local Papers may be allowed                 No
      to see the judgment ?

2     To be referred to the Reporter or not ?                          No

3     Whether their Lordships wish to see the fair copy                No
      of the judgment ?

4     Whether this case involves a substantial question                No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

==========================================================
                             MOLUBHAI VAJSURBHAI
                                    Versus
                       SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR SANJAY M AMIN(130) for the Appellant(s) No. 1
MS SHRUTI PATHAK, AGP for the Defendant(s) No. 1,2 in FIRST APPEAL
NOS.3099/2019, 3100/2019, 3102/2019, 3103/2019, 3108/2019, 3109/2019,
3104/2019, 3122/2019, 3106/2019, 3110/2019, 3107/2019, 3105/2019 AND
2707/2019
MR BHARGAV PANYDA, AGP for the Defendant(s) No. 1,2 in FIRST
APPEAL NOS.3111/2019, 3112/2019, 3114/2019, 3115/2019, 3116/2019,
3117/2019, 3119/2019, 3120/2019 AND 5118/2019
==========================================================
    CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 18/04/2022
                          COMMON ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present group of appeals under Section 54 of Land Acquisition Act, 1894 read with Section 96 of Code of Civil

C/FA/3099/2019 JUDGMENT DATED: 18/04/2022

Procedure, 1908, the appellants - original claimants have challenged judgment and order dated 25.10.2017 passed by learned Principal Senior Civil Judge, Junagadh in Land Reference Case No.76 of 2003 and allied matters for enhancement of compensation awarded by the Reference Court mainly on the ground that though the learned Reference Court has observed that the appellants - original claimants would be entitled to for particular amount, the same cannot be granted in view of the fact that they have claimed lesser amount while making reference under Section 18 of the Land Acquisition Act.

2. The Appeals came to be admitted and are kept for final hearing. The record & proceedings was called for, which has reached this Court and has been gone through by this Court.

3. The short facts arising from the record & proceedings are as under :-

3.1 That the respondent authority intended to acquire several parcels of land for Sonardi Small Irrigation Scheme for various villages in Junagadh District. Notification under Section 4 of the Land Acquisition Act was issued on 27.01.2000, whereas notification under Section 6 was issued on 01.06.2000. The Deputy Collector, on 05.09.2001, declared the award under Section 11 and granted 3.45ps. per sq.mtr. for irrigated land, whereas 2.38ps. per sq.mtr. for non-irrigated land. The persons whose lands were acquired and possession thereof was taken by the respondent authority, requested the concerned officer to refer the matter under Section 18 of the Act and accordingly, the cases were referred in the court of Principal Senior Civil Judge, Junagadh.

3.2 The claimants led the evidence and produced judgment with regard to another parcel of land which was acquired under the

C/FA/3099/2019 JUDGMENT DATED: 18/04/2022

said scheme itself i. e. Sonardi Small Irrigation Scheme for which Land Reference Case No.1417 of 1999 and allied cases were decided and the compensation was accordingly awarded. Since the land was acquired for the said purpose, pursis Exh.122 was submitted by the Executive Engineer, Panchayat Irrigation Department of Junagadh through learned AGP for whose purpose the land was acquired and it was declared that the compensation can be awarded relying upon Land Reference Case No.1417 of 1999. The original claimants had also not raised any objection against the said pursis. The learned Reference Court relying upon the said pursis and the judgment delivered in Land Reference Case No. 1417 of 1999 observed that the applicants would be entitled to additional compensation of Rs.151.30ps per sq.mtr. for irrigated land and those claimants whose non-irrigated lands were acquired would be entitled to 113.56ps. per sq.mtr., however has held that the claimants would be entitled to additional compensation of Rs.100 per. sq.mtr. considering the judgment in the reference application. Hence, these Appeals.

4. Learned advocate Mr. Nitin Amin appearing for the appellants would submit that the trial court has committed an error in not granting just and fair compensation to the claimants. He would submit that even those persons whose lands have been acquired would be entitled to just and fair compensation considering the ratio laid down by the Hon'ble Apex Court in case of Ashok Kumar and anr. vs. State of Haryana [(2016) 4 SCC 544]. By taking us through the said decision, he would submit that the case on hand would be governed by the said decision. He therefore would submit that the Appeals be allowed accordingly.

5. On the other hand, learned AGP would submit as far as the land of village which is acquired in Land Reference Case No.

C/FA/3099/2019 JUDGMENT DATED: 18/04/2022

1417 of 1999 is concerned, the same is at a distanced place and therefore, it cannot be considered. Learned AGP therefore would submit that the Appeals be dismissed.

6. We have heard leaned advocates appearing for the respective parties, perused the record & proceedings and have gone through the reasons assigned by learned Reference Court.

7. As per Exh.122, the acquiring body through Executive Engineer itself has submitted a pursis which is presented by learned AGP and they themselves have declared that if the judgment passed in Land Reference Case No. 1417 of 1999 is relied upon and the compensation is awarded, they have no objection. The said pursis has been signed by the Executive Engineer and has been presented by learned AGP. The said pursis is also signed by the original complainant. Therefore, the submission made by learned AGP cannot be accepted, particularly when there is no material to show that the villages of both the cases are at distanced places.

8. The learned Reference Court in paragraph 15.5 has rightly calculated the amount of compensation which the claimants would be entitled to for irrigated and non-irrigated lands, however has not granted in view of the demand made by the applicants. This is required to be considered and therefore, the submission made by learned advocate for the appellants is required to be accepted in view of ratio laid down by the Hon'ble Apex Court in Ashok Kumar(supra). Accordingly, we accept these Appeals. The appellants shall be entitled to additional compensation of Rs.151.30ps per sq.mtr. for irrigated and additional compensation of Rs.113.56ps. per sq.mtr. for non-irrigated land with appropriate interest and solutium.

       C/FA/3099/2019                              JUDGMENT DATED: 18/04/2022




9.               The Appeals are allowed.

10. The record & proceedings be sent back to the concerned trial court forthwith.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.)

cmk