Gujarat High Court
Spl Land Acq Officer vs Rabari Dashrathbhai Bhatibhai on 18 April, 2023
Bench: A.S. Supehia
C/FA/1703/2020 ORDER DATED: 18/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1703 of 2020
With
R/CROSS OBJECTION NO. 178 of 2022
In
FIRST APPEAL NO. 1198 of 2019
With
R/CROSS OBJECTION NO. 179 of 2022
In
FIRST APPEAL NO. 1202 of 2019
With
R/CROSS OBJECTION NO. 180 of 2022
In
FIRST APPEAL NO. 1257 of 2019
With
R/CROSS OBJECTION NO. 181 of 2022
In
FIRST APPEAL NO. 1258 of 2019
With
R/CROSS OBJECTION NO. 182 of 2022
In
FIRST APPEAL NO. 1260 of 2019
With
R/CROSS OBJECTION NO. 183 of 2022
In
FIRST APPEAL NO. 1261 of 2019
With
R/CROSS OBJECTION NO. 184 of 2022
In
FIRST APPEAL NO. 1267 of 2019
With
R/CROSS OBJECTION NO. 185 of 2022
In
FIRST APPEAL NO. 1263 of 2019
With
R/CROSS OBJECTION NO. 70 of 2023
In
FIRST APPEAL NO. 1210 of 2019
With
R/CROSS OBJECTION NO. 151 of 2023
In
FIRST APPEAL NO. 647 of 2022
With
R/CROSS OBJECTION NO. 106 of 2023
In
FIRST APPEAL NO. 1703 of 2020
Page 1 of 13
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C/FA/1703/2020 ORDER DATED: 18/04/2023
With
R/CROSS OBJECTION NO. 107 of 2023
In
FIRST APPEAL NO. 1822 of 2020
With
R/FIRST APPEAL NO. 1198 of 2019
With
R/FIRST APPEAL NO. 1202 of 2019
With
R/FIRST APPEAL NO. 647 of 2022
With
R/FIRST APPEAL NO. 1210 of 2019
With
R/FIRST APPEAL NO. 1822 of 2020
With
R/FIRST APPEAL NO. 1257 of 2019
With
R/FIRST APPEAL NO. 1258 of 2019
With
R/FIRST APPEAL NO. 1260 of 2019
With
R/FIRST APPEAL NO. 1261 of 2019
With
R/FIRST APPEAL NO. 1263 of 2019
With
R/FIRST APPEAL NO. 1267 of 2019
==========================================================
SPL LAND ACQ OFFICER
Versus
RABARI DASHRATHBHAI BHATIBHAI
==========================================================
Appearance:
MR ADITYASINH JADEJA, AGP for the Appellant(s) No. 1,2
for the Defendant(s) No. 5
MR AV PRAJAPATI(672) for the Defendant(s) No.
1,10,11,12,13,14,15,2,3,4,6,7,8,9
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 18/04/2023
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present matters arise from the judgement
and award dated 31.07.2017 passed by the learned
C/FA/1703/2020 ORDER DATED: 18/04/2023
3rd Additional Senior Civil Judge, Mehsana in Land
Acquisition Reference Case Nos.1620-1713 of 2011.
The land reference cases emanate from the land
acquired of village Heduva (Rajgar), Taluka
Virpur, Dist.Mehsana, by which the land
acquisition body, for construction of Mehsana
Bypass Highway. For which Section 4 notification
under the provision of the Land Acquisition Act,
1894 (for short "the Act") was issued on
15.11.2008, Section 6 notification was published
on 17.08.2009 and award under Section 11 of the
Act was passed on 27.04.2010 in LAQ No.9 of 2008,
whereby the appellant No.1 awarded the
compensation for the acquired land at Rs.80/- per
sq.mtr. for the road touch land and Rs.66/- for
non-road touch land. The claimants demanded
Rs.5,000/- per sq.mtr. The Reference Court, after
recording oral and documentary evidence, has
awarded an additional amount of Rs.1,584/- per
sq.mtr. for non-road-touch land and Rs.2,065/-
per sq.mtr. for road touch land along with
statutory benefits. Being aggrieved, the land
acquiring body has filed the captioned first
appeals, whereas the claimants have filed cross-
objections seeking enhancement of the
compensation.
C/FA/1703/2020 ORDER DATED: 18/04/2023
2. Learned AGP appearing for the acquiring body
has submitted that the Reference Court has fallen
in error in not appreciating the report of the
District Valuation Committee, Mehsana dated
17.01.2005 i.e. below Exh.43, which had
determined the market value of village Nagalpur
of Rs.1,100/- per sq.mtr. as on 28.07.2003. It is
submitted that the Special Land Acquisition
Officer has precisely determined the amount of
compensation, after selling the agricultural land
and non-agricultural land of the said village
however, the same is not appreciated by the
Reference Court. Thus, it is submitted that the
impugned judgement and award is required to be
quashed and set aside.
3. Per contra, learned advocate Mr.Prajapati
appearing for the claimants has submitted that in
fact, a mistake has been committed by the
Reference Court, while appreciating the report of
the District Valuation Committee below Exh.43 of
aforesaid non-agricultural land and instead of
considering value of Rs.3,000/- per sq.mtr., the
Reference Court has considered the amount of
Rs.2,200/- per sq.mtr., which was never
determined by the committee. He has submitted
that the sale deed below Exh.44 and Exh.45
C/FA/1703/2020 ORDER DATED: 18/04/2023
pertain to village Nagalpur, in which the market
value of the land can be determined as Rs.3,000/-
per sq.mtr. as on 03.10.2007. By placing reliance
on the map of Mehsana Taluka at Exh.46, he has
submitted that village Heduva is almost 4 kms.
away from Nagalpur village and accordingly, the
amount of compensation is required to be re-
determined and is required to be enhanced. Thus,
he has submitted that the first appeals may be
dismissed and cross-objections may be allowed.
4. Heard the learned advocates for the
respective parties and also perused the documents
as pointed out by them.
5. The facts, which are not in dispute, are that
for the land acquired by the acquiring body of
village Heduva (Rajgar) for the purpose of
constructing Mehsana Bypass Highway, Section 4
notification was issued on 15.11.2008 and Section
6 notification was published on 17.08.2009. The
Special Land Acquisition Officer awarded Rs.66/-
per sq.mtr. for the non-road touch agricultural
land and Rs.80/- per sq.mtr. for the road touch
land vide award dated 30.10.2010.
6. Being aggrieved, the claimants demanded
Rs.5,000/- per sq.mtr. The claimants have placed
reliance on below Exh.92/1 i.e. the judgement of
C/FA/1703/2020 ORDER DATED: 18/04/2023
village Panchot in LAR Nos.1620-1713 of 2011,
wherein Section 4 notification was issued on
11.02.2009. The Reference Court in that case had
awarded an amount of Rs.2,178.57/- per sq.mtr.
for non-road touch land and Rs.2,824.95/- per
sq.mtr. for the road touch land. It is not in
dispute that by the judgement and order dated
05.04.2023, this Court had rejected First Appeal
No.4460 of 2018 and allied matters filed by the
acquiring body and has confirmed such award. It
is also not in dispute that village Panchot is
approximately 7 to 8 kms. away from village
Nagalpur, of which the District Valuation
Committee in its report below Exh.43 has
determined the market value of land of Rs.3,000/-
per sq.mtr. as on 08.10.2004 and accordingly the
Reference Court has determined the amount of
compensation for the lands acquired of village
Panchot.
7. The claimants relied upon the evidence below
Exh.92/1 i.e. judgement of the Reference Court
for the land acquired of village Panchot, for
which the Reference Court has determined
Rs.2,178.57/- per sq.mtr. for non-road touch land
and Rs.2,824.95/- per sq.mtr. for the road touch
land. The same was the subject matter of
challenge before this Court in First Appeal
No.4460 of 2018 and allied matters and by the
judgement dated 05.04.2023, this court rejected
C/FA/1703/2020 ORDER DATED: 18/04/2023
the appeals filed by the same acquiring body by
holding thus:
"7. We have perused Exh.164, District Valuation
Committee Report, which is of 8.10.2004. It reveals
that for the Village-Nagalpur, District Valuation
Committee has determined the price of the land at
Rs.3,000/- per sq.mtr. A perusal of Exh.149, which
pertains to Sale Deed dated 30.10.2007 of Village-
Nagalpur for Rs.2,06,40,000/- for 6880 sq.mtrs. of
land, the Reference Court has determined the amount
of compensation at Rs.3,000/- per sq.mtr. by taking
the average. A perusal of map at Exh.157, indicates
that Village-Nagalpur is adjoining to Village-
Panchot. The by-pass highway for which the land is
acquired passes through Village-Panchot. The distance
between Nagalpur and Village Panchot is approximately
8 to 9 kilometers. However, it is noticed by us that
Village-Nagalpur falls within the outskirts of
Mehsana city. Thus, looking to the distance between
Village-Nagalpur and Village-Panchot and topography
of the area, we are of the considered opinion that
since by-pass highway for which lands were acquired
passes through Village-Panchot, whereas Village-
Nagalpur is situated at the outskirts of Mehsana
city, deduction of 20% by the Reference Court from
the final amount of Rs.3,000/- was appropriate. On
the evaluation of the aforesaid evidence, we are of
the considered opinion that the Reference Court has
not committed any error in determining amount of
Rs.3,000/- per sq.mtr. towards land acquired at
Village-Panchot. The 20% deduction from Rs.3,000/-
would come to Rs.2,400/- per sq.mtr. Thereafter,
further deduction of 40% is made from the aforesaid
amount of Rs.2,400/- which pertains to 30% for
N.A.Purpose and 10% deduction of smallness of plot,
which would come to Rs.960/-. Hence, amount of
Rs.1440 (Rs.2400 - Rs.960) is arrived at. The
District Valuation Committee Report is of 8.10.2004
and, in the present case, Section 4 Notification was
issued on 11.2.2009 and as the Reference Court has
considered difference of four years, four months and
four days, and has considered 10% rise of market
value per annum and had determined the amount of
Rs.2,178.57 per sq.mtr. (Rs.1440 + 144 = Rs.1584/-)
and after lapse of four years period, it would come
C/FA/1703/2020 ORDER DATED: 18/04/2023
to Rs.2178.57. The Special Land Acquisition Officer
has awarded Rs.91/- per sq.mtr. and hence, the amount
of compensation would come to Rs.2087.57 (2178.57 -
Rs.91), which if rounded off will be Rs.2088/- per
sq.mtr. for the other land, which is not road touch.
For the road touch land, the Reference Court has
calculated and awarded Rs.2707/- per sq.mtr. i.e.
Rs.2844.95 awarded by the reference Court deducting
Rs.118/- awarded by Special Land Acquisition Officer,
which is rounded off to Rs.2707/- per sq.mtr.
8. It is also noticed by this Court that the
Reference Court has determined the amount of
Rs.2707/- per sq.mtr. for road touch land on the
basis of the award passed by Special Land Acquisition
Officer of Rs.118/- per sq.mtr. Thus, in the
considered opinion of this Court, after considering
the oral as well as documentary evidence, the
Reference Court has precisely concluded and awarded
the amount, which do not require any interference, as
we do not find any illegality or infirmity in the
judgment and award. We are not convinced to alter the
compensation, hence, these First Appeals as well as
Cross Objections do not require any interference and
the same are dismissed. Record and Proceedings be
sent back to the concerned trial Court forthwith."
8. The same evidence has been placed reliance by
the Reference Court, while determining the
additional compensation for the village Heduva
(Rajgar). The Reference Court has placed reliance
on the report of the District Valuation
Committee, which pertains to village Nagalpur,
which is 4 kms. away from village Heduva. The
Reference Court, while determining the
compensation on the basis of the valuation report
has determined Rs.2,200/- per sq.mtr. for
awarding compensation.
C/FA/1703/2020 ORDER DATED: 18/04/2023
9. In the considered opinion of this Court, the
Reference Court has fallen in error by
determining the amount on the basis of
Rs.2,200/-. A perusal of the District Valuation
Committee report below Exh.43 indicates that in
fact for the lands acquired of village Nagalpur,
the District Valuation Committee has determined
Rs.3,000/- per sq.mtr. as on 08.10.2004. It
appears that through mistake, the Reference Court
has considered Rs.2,200/- per sq.mtr., on the
meeting which was held on 28.07.2003 by the
District Valuation Committee and has totally
ignored the compensation fixed at Rs.3,000/- per
sq.mtr. by the meeting, which was held
subsequently on 08.10.2004. Thus, it is apparent
that the Reference Court has committed error in
considering the amount of Rs.2,200/- per sq.mtr.
for the lands acquired of village Nagalpur
instead of Rs.3,000/- per sq.mtr. and
accordingly, the Reference Court has proceeded to
determine the compensation of village Heduva.
10. The claimants had also placed reliance on the
sale deed below Exh.82 for the very same village
Heduva dated 19.11.2008, wherein valuation of
Rs.2,225/- per sq.mtr. has been considered. The
reliance is also placed by the claimants on
C/FA/1703/2020 ORDER DATED: 18/04/2023
Exh.44 and Exh.45 i.e. sale deeds of non-
agricultural land of village Nagalpur,
admeasuring 6,880 sq.mtr., wherein the market
value of Rs.3,000/- per sq.mtr. has been
considered as on 03.10.2007.
11. It is not in dispute that Panchot village is
7-8 kms. away from village Nagalpur, for which
this Court has already dismissed the first appeal
challenging the judgement and award of the
Reference Court. For the land acquired of
village Panchot by the very same acquiring body,
the Reference Court has awarded Rs.2,178.57/- per
sq.mtr. for non-road touch land and Rs.2,824.95/-
per sq.mtr. for road-touch land, of which Section
4 notification was issued on 11.02.2009. The
Reference Court, though has considered the
evidence of the District Valuation Committee
below Exh.43, has erroneously considered the
amount of Rs.2,200/- sq.mtr. of village Nagalpur
instead of Rs.3,000/- as on 08.10.2004. Thus, as
per the judgement of this Court dated 05.04.2023
rendered in First Appeal Nos.4406 of 2018 and
allied matters, this Court has deducted 40% from
the compensation from the amount of Rs.3,000/-
per sq.mtr. and accordingly, by adopting the same
formula, by deducting the 40% amount from the
C/FA/1703/2020 ORDER DATED: 18/04/2023
amount of Rs.3,000/- per sq.mtr. i.e. the amount
determined by the District Valuation Committee
for village Nagalpur, for the present village
Heduva, the compensation is required to be
determined on the basis of amount of Rs.1,800/-
per sq.mtr.
12. In the present case, Section 4 notification
was issued on 15.11.2008, whereas the market
value determined below Exh.43 for village
Nagalpur is as on 08.10.2004 and, therefore,
there is a gap of four years and one month and
accordingly, by giving 10% increase on Rs.1,800/-
per sq.mtr., the same would come to Rs.720/- per
sq.mtr. and the value of the agricultural road
touch land is required to be determined at
Rs.2,520/-(Rs.1,800 + Rs.720) per sq.mtr. For the
non-agricultural land, as per the settled
proposition of law, 30% amount is required to be
added on the amount determined, l.e Rs.1,800/-,
which will come to Rs.756/- hence, total amount
would be come to Rs.2,520 + Rs.756 = Rs.3,276/-
is determined for such land.
13. The reference Court has awarded Rs.1650/- for
agricultural land and, therefore, the applicants-
claimants are entitled to enhancement of Rs.870/-
per sq.mtr.(Rs.2,520 - Rs.1,650) and Rs.1,131/-
C/FA/1703/2020 ORDER DATED: 18/04/2023
per sq.mtr. (Rs.3,276 - Rs.2,145) for the non-
agricultural lands.
14. The amount awarded by the Special Land
Acquisition Officer is also required to be
reduced. The Officer has determined Rs.66/- per
sq.mtr. for the agricultural land and Rs.80/- per
sq.mtr. for the non-agricultural land. The same
is required to be deducted, and if the same is
deducted from Rs.870 - Rs.66 = Rs.804/- per
sq.mtr is determined for agricultural land. For
non-agricultural land an amount of Rs.80/- per
sq.mtr., which is awarded by the Special Land
Acquisition Officer for agricultural land is
required to be deducted from the amount of
Rs.1,131/- per sq.mtr., which would come to
Rs.1,051/- per sq.mtr.(Rs.1131 - Rs.80).
15. Accordingly, the differential amount of
compensation shall be deposited before the
Reference Court within a period of three months.
The claimants will be entitled to statutory
interests as awarded by the refrence court on the
differential amounts. The same shall be disbursed
to the claimants, after due verification.
C/FA/1703/2020 ORDER DATED: 18/04/2023
16. The first appeals are dismissed, whereas
cross-objections are allowed to the aforesaid
extent.
17. Registry to place a copy of this order in
each of the connected matters.
Sd/-
(A. S. SUPEHIA, J)
Sd/- .
(D. A. JOSHI,J)
NVMEWADA
