Dudhiben Bhagwanbhai Asodariya vs Deputy Collector Land ...
2022 Latest Caselaw 8747 Guj

       C/FA/3703/2022                                  ORDER DATED: 04/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 3703 of 2022

                                    With
                        R/FIRST APPEAL NO. 3705 of 2022
                                    With
                        R/FIRST APPEAL NO. 3757 of 2022
                                    With
                        R/FIRST APPEAL NO. 3760 of 2022
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               DUDHIBEN BHAGWANBHAI ASODARIYA
                             Versus
      DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION
                          IRRIGATION
==========================================================
Appearance:
UTSAV P PARIKH(8223) for the Appellant(s) No. 1,2
VIVAN T SHAH(7947) for the Appellant(s) No. 1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Defendant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 04/10/2022

                            COMMON ORAL ORDER

[1] Mr.Utsav Parikh, learned advocate for the

appellants has submitted that the issues raised in the

aforementioned appeals are squarely covered the

judgment dated 07.08.2018 passed by the Division Bench

of this Hon'ble Court in First Appeal No.2825 of 2012

and allied matters.

[2] Mr.Parikh, learned advocate has submitted that

C/FA/3703/2022 ORDER DATED: 04/10/2022

so far as First Appeal Nos. 3705 of 2022 and 3757 of

2022 are concerned, Notification under Section 4 of the

Land Acquisition Act issued on 15.04.2006 and for the

period of 2 years, the Court has to determine the

compensation before the Division Bench. Notification

issued under Section 4 of the Act was issued in the

group of appeals between 01.02.1996 to 06.06.1996 and

19.01.2004. He has further submitted that so far as First

Appeal No. 3703 of 2022 is concerned, Notification under

Section 4 of the Act was published on 19.01.2004 and so

far as First Appeal No.3760 of 2022 is concerned,

Notification issued under Section 4 notification has been

issued on 01.05.1996.

It is submitted that the land acquired in the present Reference proceedings is of village Mangvapal

Amarpur (Varudi), which was also the subject matter for

consideration by the Division Bench. It is also submitted

that very same irrigation project situated in Amreli

Taluka, Amreli District in respect of lands acquired for

the public purpose of Vadi Irrigation Project. He has

further submitted that after considering the various

appeals as finally determined the amount of

compensation, which may be followed in the First

C/FA/3703/2022 ORDER DATED: 04/10/2022

Appeal.

[3] Mr.Barot, learned AGP appearing on behalf of

the respondent authorities has submitted that the

acquiring body is unable to dispute that the Division

Bench has already considered the issue of the land

acquired in the aforesaid village which is the subject

matter. However, he has further submitted that so far as

First Appeal Nos. 3705 of 2022 and 3757 of 2022 are

concerned, this Court may not enhance the market value.

[4] Heard learned advocates for the respective

parties.

[5] It is not in dispute that for the village situated in Amreli Taluka and Amreli District in respect

of land was acquired for the public purpose for Vadi

Irrigation Project, for which, Notification under Section 4

of the the Land Acquisition Act was published between st th th 1 February, 1996 to 16 June, 1996 and on 19

January, 2004. The Division Bench of this Court by way

of First Appeals filed by the claimants in the same very

village, delivered the judgment appreciating the oral as

C/FA/3703/2022 ORDER DATED: 04/10/2022

well as documentary evidence and observed and held in

paragraphs 66, 67, 68 & 69, which is as under:

"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

C/FA/3703/2022 ORDER DATED: 04/10/2022

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/ square metre 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.

[5] In the present set of appeal being First Appeal

No.3703 of 2022, Notification under Section 4 of the Act th was issued on 19 January, 2004 and in First Appeal

No.3760 of 2022, Notification under Section 4 of the Act st was issued on 21 May, 1996 and in First Appeal No.3705 of 2022 and First Appeal No.3757 of 2022,

Notification under Section 4 of the Act have been

published on 15.04.2006. Accordingly, compensation and

determination of the market values are required to be

held. So far as First Appeal No.3760 of 2022 is

concerned, the same would be directly covered as per the

observations made in para-66 in the aforesaid judgment st shows that the said notification dated 21 May, 1996.

Hence, the First Appeal is allowed in terms of

C/FA/3703/2022 ORDER DATED: 04/10/2022

observations made in para 66 and the market value of

the lands would comes to Rs.50/- plus Rs.15= Rs.65 per

square meter 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

meter.

[6] So far as after deduction of the impugned

amount awarded by the Reference Court, the amount of

compensation at the rate of Rs.20/- per square meter for

jirayat land and Rs.30/ per square metere for bagayat

land. The appellants would therefore be entitled to

additional compensation of Rs.45/- per square meter (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.

Accordingly, First Appeal No.3760 is allowed.

[7] So far as First Appeal No.3703 of 2022 is

concerned, wherein Notification under Section 4 of the th Act was issued on 19 January, 2004 i.e. same as per

the observations made in para 68 of the Division Bench.

C/FA/3703/2022 ORDER DATED: 04/10/2022

Hence, market value of the land acquired which is

subject matter of the present First Appeal No.3703 of

2003 will govern by the observations made by the

Division Bench. The total additional compensation is

determined the market value of jirayat land at Rs.65/-

per square meter and Rs.97.50 per square meter for

bagayat land in respect of village Mangvapal.

[8] With regard to First Appeal No.3705 of 2022

and 3757 of 2022 is concerned, Notification under Section th 4 of the Act has been published on 15 April, 2006.

Hence, Additional compensation, the market value is to

be determined as per the observations made in para 68.

However, Notification is after issuance of 2 years which

has been considered by the Division Bench which is in para 68. The calculation of the said land which is

subject matter of the present First Appeal Nos. 3705 and

3757 of 2022 is concerned, the same is below:

The market value of the land considering 10%

increased per annum for two years would be Rs.14.04

per square meter (117+23.4) for jirayat land and

Rs.210.50 (175.50+35) for bagayat land. Therefore, the

appellants would be entitled to additional compensation

C/FA/3703/2022 ORDER DATED: 04/10/2022

at the rate of Rs.120.4/- per square meter (Rs.140.4-20)

for jirayat land and Rs.180.50 (210.5-30) for bagayat

land.

[9] Accordingly, First Appeals are allowed to the

aforesaid extent. The amount of compensation is

determined by this Court shall be deposited before the

Reference Court within a period of 3 months by the

Acquiring Body, and after deposition of such amount, the

same shall be disbursed to the Appellants after due

verification.

[10] It is clarified that the aforesaid amount is not

disbursed maximum period of 5 months from the order,

the claimants would be entitled to further 6% interest over and above which has been awarded by the

Reference Court as well as this Court.

[11] Registry is directed to place a copy of this

order in all the connected matters and send back tot he

original record and proceedings to the Reference Court.

Direct service is permitted.

(A. S. SUPEHIA, J) Manoj