Gujarat High Court
Special Land Acquisition Officer vs Patel Vishnubhai Gangaram Das on 18 April, 2023
Bench: A.S. Supehia
C/FA/1332/2018 ORDER DATED: 18/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1332 of 2018
With
R/FIRST APPEAL NO. 1331 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 1331 of 2018
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R/FIRST APPEAL NO. 1330 of 2018
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R/FIRST APPEAL NO. 1329 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1328 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1327 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1326 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1325 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1324 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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C/FA/1332/2018 ORDER DATED: 18/04/2023
R/FIRST APPEAL NO. 1321 of 2018
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R/FIRST APPEAL NO. 1322 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/FIRST APPEAL NO. 1320 of 2018
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
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R/CROSS OBJECTION NO. 108 of 2021
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FIRST APPEAL NO. 1320 of 2018
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R/CROSS OBJECTION NO. 109 of 2021
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FIRST APPEAL NO. 1321 of 2018
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R/CROSS OBJECTION NO. 110 of 2021
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FIRST APPEAL NO. 1322 of 2018
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R/CROSS OBJECTION NO. 111 of 2021
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FIRST APPEAL NO. 1323 of 2018
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FIRST APPEAL NO. 1324 of 2018
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FIRST APPEAL NO. 1325 of 2018
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C/FA/1332/2018 ORDER DATED: 18/04/2023
R/CROSS OBJECTION NO. 116 of 2021
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FIRST APPEAL NO. 1328 of 2018
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R/CROSS OBJECTION NO. 117 of 2021
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FIRST APPEAL NO. 1329 of 2018
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R/CROSS OBJECTION NO. 118 of 2021
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FIRST APPEAL NO. 1331 of 2018
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SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
Versus
PATEL VISHNUBHAI GANGARAM DAS
==========================================================
Appearance:
MR ADITYASINH JADEJA, AGP for the Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 18/04/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The first appeals and cross objections emanate from the judgment
and award dated 12.05.2017 passed by the learned 4 th Additional Senior
Civil Judge, Mehsana in LAR Case Nos.1035 to 1053 of 2011.
2. The appellant-State acquiring body acquired the lands of Village
Palavasna, Taluka Mehsana, District Mehsana for the purpose of
constructing Mehsana bypass road. For the purpose of acquiring such
lands, notification under Section 4 of the Land Acquisition Act, 1894 (for
short "the Act") was issued on 24.04.2008. Section 6 notification under
the Act was published on 18.04.2009. The Special Land Acquisition
C/FA/1332/2018 ORDER DATED: 18/04/2023
Officer awarded Rs.57/- per sq. mtr. as compensation of the acquired
lands. Being aggrieved and dissatisfied, the claimants challenged the
same in reference proceedings, which has culminated into the impugned
judgment and award, wherein and whereby the reference court has
awarded an additional compensation at the rate of Rs.816/- per sq.mtr.
along with statutory interest and solatium. The claimants demanded
Rs.5,000/- per sq.mtr. Being aggrieved, they have filed the cross
objections for enhancement of compensation.
3. Learned AGP Mr.Jadeja appearing for the appellant-State
acquiring body has submitted that the impugned judgment and award is
required to be quashed and set aside as the same is passed by incorrect
appreciation of the evidence. It is submitted that the reference court, even
after considering the report of the District Valuation Committee for
Village Nagalpur at Exh.29 has incorrectly calculated and awarded the
enhanced compensation for the lands, which are acquired. It is submitted
that the reference court has not appreciated the fact that the Land
Acquisition Officer, on the basis of the sale deeds executed in the vicinity
of the concerned land, has precisely determined the compensation at the
rate of Rs.57/- per sq. mtr. and hence, the same would not require to be
disturbed. It is, thus, submitted that the reference court has grossly erred
in not appreciating the very crucial aspect and has passed the impugned
judgment and award by enhancing the compensation. Thus, it is
submitted that the same may be set aside.
4. Per contra, learned advocate Mr.Prajapati appearing for the
claimants has placed reliance on the judgment dated 05.04.2023 passed
by this Court in group of First Appeal Nos.4406 of 2018 and allied
C/FA/1332/2018 ORDER DATED: 18/04/2023
matters, wherein the very same acquiring body for the lands acquired of
Village Panchot had challenged the concerned judgment and award
passed in references before this Court and this Court was pleased to
dismiss such first appeals and cross-objections of the claimants. It is
submitted that in the present case the reference court has placed reliance
on the same evidence i.e. the report of the District Valuation Committe at
Exh.29 determining the valuation of lands acquired of Village Nagalpur,
which is approximately 2 to 2.5 kilometers away from Village
Palavasana.
4.1. Learned advocate Mr.Prajapati has further submitted that for the
agricultural lands, this Court in the judgment dated 05.04.2023 for the
lands acquired of Village Panchot, which is approximately 8 to 9
kilometers away from Village Nagalpur, has determined an amount of
Rs.2,178.57 per sq.mtr over and above the price determined by the
Special Land Acquisition Officer. It is, thus, submitted that for the lands
acquired of Village Panchot, which is approximately 8 to 9 kilometers
away from Village Nagalpur, when this Court has confirmed the
additional compensation of Rs.2,178.57 per sq.mtr for the present Village
Palavasana also, the awarded amount of compensation by the reference
court is required to be enhanced. It is submitted that the District
Valuation Committee on 08.10.2004 had determined the amount of
Rs.3,000/- for the Village Nagalpur, however, in the present case, Section
4 notification is of 24.04.2008 and hence, there being a gap of 3 years and
6 months and the compensation is required to award at the rate of
Rs.2,430 after giving 10% increase. Thus, it is submitted that the first
appeals may be rejected, whereas the cross objections may be allowed.
C/FA/1332/2018 ORDER DATED: 18/04/2023
5. It is not in dispute that by the judgment dated 05.04.2023 passed in
First Appeal Nos.4406 of 2018 and allied matters, which were filed by
the very same acquiring body for the lands acquired of Village Panchot
for the very same purpose of constructing Mehsana bypass road, this
Court, after examining the similar evidence, has held thus:-
"7. We have perused Exh.164, District Valuation Committee
Report, which is of 8.10.2004. It reveals that for the
VillageNagalpur, 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
VillageNagalpur 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
C/FA/1332/2018 ORDER DATED: 18/04/2023
come 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."
6. In the present case also, for the lands acquired of Village Panchot,
for which Section 4 notification under the Act was issued on 24.04.2008,
the reference court has placed reliance on the report of the District
Valuation Committee at Exh.29 for determining the amount of
compensation. While considering the aforesaid documentary evidence,
the reference court has observed thus:-
"20. Now in the case on the hand, the lands are situated in
Palavasana, adjoining village to Nagalpur and the lands are the
agricultural lands. Therefore, the value of the lands of the present case
can not be directly assessed as the valuation report vide Exh- 29. But it
is the matter of the presumption, and the Court has to be presumed that
the price of the acquired-lands, which are agricultural lands, would be
minimum presumed at the rate of 800/- as per the market-value.
Considering above circumstances in juxtaposition, the valuation report
of District Valuation Commitee put forward by the claimants should be
considered in determining the value of the acquired lands, but as
discussed above, 20% should be deducted from the price of Market
Value. Therefore, as discussed above i.e.800 - less 20% (800-160 =
C/FA/1332/2018 ORDER DATED: 18/04/2023
640) deduction of Rs.160, which would comes to Rs. 640.00."
Thus, the reference court on presumption has determined the
amount of Rs.800/- per sq.mtr. and thereafter, deducting 20% from such
value, has finally determined Rs.640/-. After determining the amount of
Rs.640/-, 10% increase is given for 3 years and 3 months and final award
the amount is rounded of Rs.873/-.
7. We have perused the topography of Village Panchot at the map (at
Exh.17) as well as Village Nagalpur and Village Heduva, which are
adjacent. It is not in dispute that Village Panchot is approximately 2 to
2.5 kilometers away from Village Nagalpur.
8. In the considered opinion of this Court, the reference court has
fallen in error in determining the aforesaid amount in wake of the
evidence that the District Valuation Committee for the lands acquired of
adjacent Village Nagalpur, has determined the amount of compensation
of Rs.3,000/- as on 08.10.2004. In the judgment dated 05.04.2023, for the
non agricultural lands acquired of Village Panchot, this Court has
confirmed the judgment and awarding granting the additional
compensation of Rs.2,187.57 per sq. mtr. for non-road touch land.
Section 4 notification under the Act for Village Panchot was published on
11.02.2009. Thus, the present Village Palavasana, which is nearer to
Village Nagalpur at the distance of 2 to 2.5 kilometers, the report of the
District Valuation Committee for Village Nagalpur at Exh.29 would be
the best evidence to determine the compensation for the lands of Village
Palavasana.
9. From the findings of the reference court, it is noticed that the
C/FA/1332/2018 ORDER DATED: 18/04/2023
reference court has not appreciated the evidence in its true perspective
and has fallen in error in determining the amount of Rs.800/- as referred
in para 20 on presumption. The reference court cannot fix the
compensation of the lands acquired on the basis of presumption, but the
same has to be determined by applying the cogent and reliable factors on
evidence and the settled proposition of law.
10. Looking to the valuation of Rs.3,000/-, which was determined by
the District Valuation Committed for Village Nagalpur on 08.10.2004,
40% is required to be deducted as deducted in Village Panchot on the
very same evidence and hence, 40% deduction of Rs.3,000/- would come
to Rs.1,800/-. In the present case, Section 4 notification under the Act is
dated 24.04.2008, whereas the market value determined at Exh.29 by the
District Valuation Committee for Village Nagalpur is of 08.10.2004 and
hence, there is a gap of 3 years and 6 months. A 10% increase as per the
settled proposition of law is added to the amount of Rs.1,800/-, which
would come to Rs.630/- and the total amount of Rs.2,430/- (1800+630).
Hence, the claimants are entitled for the compensation of Rs.2,430/-. The
reference Court has awarded Rs.873/- and hence, the claimants would be
entitled for enhanced compensation of Rs.1,557/- per sq. mtr. The amount
awarded by the Land Acquisition Officer of Rs.57/- is required to be
deducted from Rs.1557/-, which would come to Rs.1550/- per sq.mtrs.
11. Thus, the first appeals do not merit acceptance and hence, the same
are dismissed and the cross objections are allowed to the aforesaid extent.
The claimants are entitled to the additional compensation of Rs.1,557/-
per sq. mtr. along with the statutory interest as awarded by the reference
court. The same shall be deposited before the reference court within a
C/FA/1332/2018 ORDER DATED: 18/04/2023
period of three months and shall be disbursed after due and proper
verification. The 50% of the amount of compensation, which is deposited
before the reference court shall also be disbursed. Record and
proceedings be sent back to the concerned reference court.
12. As a sequel, civil applications do not survive and the same are
disposed of accordingly.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(DIVYESH A. JOSHI,J)
ABHISHEK/2
