Dy Collector & Land Acquisition ... vs Jagubhai Dalpatbhai Vasava
2023 Latest Caselaw 3135 Guj

C/FA/683/2011                             JUDGMENT DATED: 21/04/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 683 of 2011
                              With
                  R/FIRST APPEAL NO. 684 of 2011
                              With
                  R/FIRST APPEAL NO. 686 of 2011
                              With
                  R/FIRST APPEAL NO. 687 of 2011
                              With
                  R/FIRST APPEAL NO. 688 of 2011
                              With
                  R/FIRST APPEAL NO. 689 of 2011
                              With
                  R/FIRST APPEAL NO. 690 of 2011
                              With
                 R/FIRST APPEAL NO. 1882 of 2016
                              With
                 R/FIRST APPEAL NO. 1883 of 2016
                              With
                 R/FIRST APPEAL NO. 1884 of 2016
                              With
           CIVIL APPLICATION (FOR STAY) NO. 2 of 2016
                In R/FIRST APPEAL NO. 1884 of 2016
                              With
                 R/FIRST APPEAL NO. 1885 of 2016
                              With
                 R/FIRST APPEAL NO. 1886 of 2016
                              With
                 R/FIRST APPEAL NO. 1887 of 2016
                              With
                 R/FIRST APPEAL NO. 1888 of 2016
                              With
                R/CROSS OBJECTION NO. 8 of 2017
                                In
                  FIRST APPEAL NO. 1882 of 2016
                              With
                R/CROSS OBJECTION NO. 9 of 2017
                                In
                  FIRST APPEAL NO. 1883 of 2016
                              With
                R/CROSS OBJECTION NO. 10 of 2017
                                In
                  FIRST APPEAL NO. 1887 of 2016
                              With
                R/CROSS OBJECTION NO. 11 of 2017



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       C/FA/683/2011                               JUDGMENT DATED: 21/04/2023




                                     In
                        FIRST APPEAL NO. 1886 of 2016
                                   With
                      R/CROSS OBJECTION NO. 12 of 2017
                                     In
                        FIRST APPEAL NO. 1888 of 2016

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
      to see the judgment ?                                             NO

2     To be referred to the Reporter or not ?                           NO

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

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

================================================================
        DY COLLECTOR & LAND ACQUISITION OFFICER & 2 other(s)
                             Versus
                  JAGUBHAI DALPATBHAI VASAVA
================================================================
Appearance:
MR ASHUTOSH DAVE, AGP for the Appellant(s) No. 1,2,3
MR VIJAY N RAVAL(2025) for the Defendant(s) No. 1
MR YM THAKKAR for the Applicant in Cross Objections
================================================================
     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                              Date : 21/04/2023
                              ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. At the outset, learned advocates appearing for the respective parties have submitted that the first appeals and cross objections are required to

C/FA/683/2011 JUDGMENT DATED: 21/04/2023

be disposed of in terms of the judgment dated 24.09.2019 passed by this Court in group of First Appeal Nos.979 of 2013 and allied matters and also the judgment and award dated 04.03.2015 passed in LAR Case Nos.71 to 78 of 2003.

2. The present first appeals and cross objections emanate from the LAR Case Nos.60 of 2003 and 64 to 69 of 2003, which was decided by the learned 2nd Additional Senior Civil Judge, Panchmahals at Godhra vide judgment and award dated 13.11.2009.

3. It appears that the reference court, while passing the aforesaid judgment and award, has placed reliance on the judgment and award dated 29.04.2009 passed by the learned 4 th Additional Senior Civil Judge, Panchmahals at Godhra in LAR Case Nos.49 to 59 of 2003.

4. Against the aforesaid judgment and award dated 29.04.2009, the acquiring body has filed First Appeal Nos.25 to 39 of 2012, which has been decided by the Division Bench of this Court vide judgment dated 24.09.2019 by observing thus:-

"10. On appreciating the impugned judgment, it appears that the Reference Court has based its judgment on the basis of the opinion of the Government Approved Land Valuer. In this regard, the Government Approved Land Valuer Shri Omprakash Dahyabhai Pandya also examined by the Reference Court and he was also crossexamined by the appellant herein. The Reference Court has noted in its judgment the procedure undertaken by the Government Approved Land Valuer and the factors considered by him. The Reference Court has also noted that nothing has been elicited from the cross-examination of the said Government Approved Land Valuer which adversely affect the case of the original claimants. The Government Approved Land Valuer arrived at the conclusion that the market value of the lands acquired of village : Vavdi-Bujarg to be Rs.307/-per Sq.Mtr. The competent authority granted Rs.20/- as compensation for one sq.mtr., whereas the market value is considered

C/FA/683/2011 JUDGMENT DATED: 21/04/2023

at Rs.307- per Sq.Mtr., and, therefore, the Reference Court come to the conclusion that the original complainants who are the respondents herein are entitled for additional compensation of Rs.287/- per Sq.Mtr. with other statutory benefits."

5. Thus, the Division Bench has already considered, decided and confirmed the judgment and award, wherein and whereby for the very same village and for the very same acquiring body and similar dates of notifications issued under Sections 4 and 6 of the Land Acquisition Act, has confirmed the judgment and award awarding the additional compensation of Rs.287/- per sq.mtr.

6. It appears that, while passing the final judgment and award, the reference court has instead of Rs.287/- per sq.mtr., inadvertently granted compensation at the rate of Rs.275/- per sq.mtr. though in the judgment it is recorded that Rs.287/- per sq.mtr. would be appropriate. Thus, it appears that though the reference court has followed the aforesaid judgment and award passed in LAR Case Nos.64 of 2003 and has been in fact agreed to determine the amount as additional compensation of Rs.287/- per sq. mtr. while calculating the final compensation inadvertently has deducted Rs.12.50/- from the additional compensation of Rs.287/- per sq.mtr. awarded by the Special Land Acquisition Officer, Godhra. In fact the amount of Rs.287/- has been determined by the earlier reference courts and the same having been confirmed by the Division Bench of this Court, after the deduction in the amount of Rs.12.50/- per sq. mtr. awarded by the Land Acquisition Officer. Hence, the claimants, who have filed cross objections would be entitled to the additional compensation of Rs.287/- per sq.mtr. instead of Rs.275/- per sq.mtr.

7. It is not in dispute that Section 4 notification under the Act of LAR

C/FA/683/2011 JUDGMENT DATED: 21/04/2023

No.64 of 2003 and Section 6 notification of the present reference cases are the same and also arising out of the same award dated 08.02.1999. In fact, while admitting the captioned First Appeal Nos.1882 of 2016 to 1888 of 2016, the Court had recorded that on the similar issue the First Appeal Nos.683 of 2011 to 690 of 2011 are ordered to be heard along with the First Appeal Nos.1882 of 2016 to 1888 of 2016 and the judgment and award, which is impugned, is premised on the judgment and award passed in LAR Case No.64 of 2003.

8. Under the circumstances, since the judgment dated 24.09.2019 passed in First Appeal Nos.25 to 35 of 2012 has become final and the Court has already determined and confirmed the additional compensation of Rs.287/- per sq.mtr., the present first appeals and cross objections are disposed of.

9. As a sequel, civil application does not survive and the same is disposed of accordingly.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(DIVYESH A. JOSHI,J) ABHISHEK/SB-1