Gujarat High Court
State Of Gujarat vs Yazdi Barjorji Jodi on 17 April, 2023
Bench: A.S. Supehia
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2378 of 2017
With
R/FIRST APPEAL NO. 2379 of 2017
With
R/FIRST APPEAL NO. 2380 of 2017
With
R/FIRST APPEAL NO. 2381 of 2017
With
R/FIRST APPEAL NO. 2382 of 2017
With
R/FIRST APPEAL NO. 2383 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA sd/-
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI sd/-
============================================
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 ?
============================================
STATE OF GUJARAT & 2 other(s)
Versus
YAZDI BARJORJI JODI
============================================
Appearance:
MR ASHUTOSH DAVE, AGP for the Appellant(s) No. 1,2,3
MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 1
VIDIT S SHARMA(7365) for the Defendant(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 17/04/2023
Page 1 of 6
Downloaded on : Wed Apr 19 20:41:13 IST 2023
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
COMMON ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. In the present group of first appeals, the State has
assailed the judgment and award dated 25.09.2014 passed
below Exh.34 by the Principal Senior Civil Judge at Vyara,
District - Tapi in Land Acquisition Reference Case Nos.188 to
193 of 2012. The land of village Chikhalda was acquired by the
State body for the purpose of constructing the canal, for which,
the Notification under Section 4 of the Land Acquisition Act,
1894 (hereinafter referred to as "the Act") was issued on
09.03.2006, the Notification under Section 6 of the Act was
issued on 31.08.2006 and the Notification under Section 11
was issued on 14.03.2008.
2. The Special Land Acquisition Officer offered an amount of
compensation at Rs.900/- per Are i.e. Rs.9/- per sq. mtr. for the
irrigated land and for non-irrigated land the compensation was
offered at Rs.750/- per Are i.e. Rs.7.50 per sq. mtr., for
acquired lands of the claimants. Being aggrieved and
dissatisfied, the claimants have filed applications under
Section 18 of the Act, which culminated into the number of
references. By the judgment and award, the Reference Court
has awarded an additional compensation at the rate of
Rs.280/- per sq. mtr., with additional statutory interest.
3. Learned Assistant Government Pleader Mr.Ashutosh
Dave, has submitted that the impugned judgment and award
passed by the Reference Court is required to be quashed and
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
set aside, since the same is not appropriately passed by
appreciating the evidence. He has further submitted that the
award was passed by the Land Acquisition Officer by
considering the market value of the lands in question, however
the Reference Court has totally ignored the same and has
considered the cases of other villages, which are far away and
have no relevance for deciding the additional compensation of
the lands in question.
3.1 Learned Assistant Government Pleader has further
submitted that the Land Acquisition Officer has assessed the
value of the lands after taking into consideration surrounding
development as well as the price agreed in various sale
transactions of previous five years and since there is no record
pertaining to cultivation of crops and income, the Reference
Court has fallen in error in ignoring the sale deed, which was
produced at Exhs.24 to 26, upon which, the Land Acquisition
Officer has placed reliance. Thus, it is submitted that the
impugned judgment and award is required to be quashed and
set aside.
4. Per contra, learned advocate Mr.Nikunt K. Raval,
appearing for the defendants - claimants has submitted that
the present group of first appeals arise out of the very same
judgment and award, which was challenged in F/First Appeal
No.23941 of 2019 and allied matters and the same were not
entertained since the condonation of delay application filed by
the State was rejected by the Coordinate Bench vide order
dated 04.10.2021 passed in Civil Application No.3889 of 2019
and allied matters. It is further submitted that in fact, the
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
claimants are also entitled to withdraw the entire award of
compensation as ordered by the order dated 22.08.2016
passed in Special Civil Application No.14006 of 2016. Thus, it is
submitted that the present group of appeals may not be
entertained.
4.1 Additionally, learned advocate Mr.Nikunt Raval, has
submitted that the Reference Court, while determining the
amount of additional compensation, has placed reliance on the
judgment and award of the Reference Court passed in LAR
No.275 of 2012, pertaining to village Musa, for which, the
Notification under Section 4 of the Act was published on
09.03.2006 i.e. on the very same date of the land acquired for
the village Chikhalda. It is further submitted that the aforesaid
judgment and award, which is delivered in LAR No.275 of 2012
for the village Musa, has been accepted by the State
Government. It is submitted that the village Musa is adjoining
the village Chikhalda and the additional compensation of
Rs.310/- per sq. mtr., which was awarded for the land acquired
in village Musa, has become final and hence, by deducting
10% from the aforesaid amount, the Reference Court has
appropriately awarded the additional compensation of Rs.280/-
per sq. mtr., over and above the amount of compensation
already awarded for the acquired lands.
5. We have heard the learned advocates appearing for the
respective parties.
6. We have also perused the evidence on record, more
particularly, the sale deeds produced vide Exhs.24 to 26, on
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
which, the reliance is placed by the State authorities. It is not
in dispute that the First Appeals arising out of the very same
judgment and award, which is impugned in the present First
Appeals, has already dismissed by the Coordinate Bench by
the order dated 04.10.2021 passed in Civil Application No.3889
of 2019 and allied matters, wherein and whereby, the
Coordinate Bench has refused to condone the delay in filing
the First Appeals. Thus, the judgment and awarded has already
become final and as per the information given to this Court,
the claimants already withdrawn the entire amount.
7. Thus, since the Coordinate Bench has already dismissed
the First appeals arising out of the very same judgment and
award, we do not inclined to go into the further merit of the
matters, as the judgment and award of the Reference Court
has already become final, which pertains to the lands acquired
for the village Chikhalda, Taluka Vyara, District Tapi. Hence,
the First appeals stand dismissed accordingly.
8. Additionally, it is noticed that the Reference Court has
placed reliance on the judgment and award passed for the
adjoining village Musa, which was below Exh.18 in LAR No.275
of 2012, the same is adjoining village Chikhalda and the State
Government has accepted the judgment and award passed in
the land acquired for village Musa, for which, an additional
compensation was awarded by the Reference Court of Rs.310/-
per sq. mtr, hence, the present groups of appeals are
dismissed. No order as to costs.
C/FA/2378/2017 JUDGMENT DATED: 17/04/2023
9. Record and Proceedings shall be returned to the
concerned Court forthwith.
sd/-
(A. S. SUPEHIA, J)
sd/-
(D. A. JOSHI,J)
MB/01
