Gujarat High Court
Patel Sendhabhai Dhanjibhai vs Special Land Acquistion Officer on 25 April, 2023
Bench: A.S. Supehia
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 422 of 2019
With
R/FIRST APPEAL NO. 1019 of 2019
With
R/FIRST APPEAL NO. 1926 of 2017
With
R/FIRST APPEAL NO. 2414 of 2017
With
R/FIRST APPEAL NO. 2415 of 2017
With
R/FIRST APPEAL NO. 2416 of 2017
With
R/FIRST APPEAL NO. 2417 of 2017
With
R/FIRST APPEAL NO. 2418 of 2017
With
R/FIRST APPEAL NO. 424 of 2019
With
R/FIRST APPEAL NO. 423 of 2019
With
R/FIRST APPEAL NO. 425 of 2019
With
R/FIRST APPEAL NO. 426 of 2019
With
R/FIRST APPEAL NO. 3741 of 2019
With
R/FIRST APPEAL NO. 54 of 2022
With
R/FIRST APPEAL NO. 1599 of 2019
With
R/FIRST APPEAL NO. 1023 of 2019
With
R/FIRST APPEAL NO. 2245 of 2020
With
R/FIRST APPEAL NO. 1022 of 2019
With
R/FIRST APPEAL NO. 1600 of 2019
With
R/FIRST APPEAL NO. 3742 of 2019
With
R/FIRST APPEAL NO. 1021 of 2019
With
R/FIRST APPEAL NO. 1913 of 2021
With
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C/FA/422/2019 JUDGMENT DATED: 25/04/2023
R/FIRST APPEAL NO. 2246 of 2020
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 ?
==========================================================
PATEL SENDHABHAI DHANJIBHAI
Versus
SPECIAL LAND ACQUISTION OFFICER
==========================================================
Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1, 2, 3, 4, 5, 5.1, 5.2, 5.3,
5.4, 5.5, 5.6
MR ADITYASINH JADEJA, AGP for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 25/04/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. All these First Appeals arise out of judgment and award
dated 10.4.2017 passed by learned 5 th Additional Senior Civil
Judge, Mahesana, in Land Acquisition Reference Case No.1403
of 2011 and allied cases. By the impugned judgment and
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
award, the Reference Court has awarded compensation of
Rs.459.50 per sq.mtr. for the land acquired by the acquiring
body of Village-Dediyasan, for which Notification under Section
4 Notification of the Land Acquisition Act, 1894 (hereinafter
referred to as "the Act" for the sake of brevity) was issued on
25.7.2008 and Section 6 Notification was issued on 12.1.2009.
Being aggrieved by the award of Rs.49/- per sq.mtr. awarded
by the Special Land Acquisition Officer vide award dated
27.10.2012, claimants filed reference proceedings, which has
culminated into the impugned judgment and award. The
impugned judgment and award is also challenged by the State
authorities by filing First Appeals.
2. At the outset, learned advocate, Mr.Prajapati appearing
for the appellants-claimants has submitted that though the
evidence in the form of Valuation Report of the District
Valuation Committee, Exh.43, dated 17.1.2005 was produced
by the claimants, Reference Court has ignored the same. He
has submitted that the District Valuation Committee has fixed
Rs.3,000/- per sq.mtr. as on 8.10.2004, for the land of Village-
Nagalpur, which shares common boundary with Village-
Dediyasan, and it is the best example to be taken for
determining the compensation, however, Reference Court
ignored the same.
2.1 Learned advocate, Mr.Prajapati has further submitted
that the claimants, in support of their claim, produced the Sale
Deed at Exh.68, which pertains to non-agricultural land
admeasuring 6880 sq.mtrs. at the price of Rs.2,06,40,000/-,
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
which also comes to Rs.3,000/- per sq.mtr. Learned advocate,
Mr.Prajapati has placed reliance on Exh.46, which was a
certificate issued by Dediyasan Gram Panchayat indicating the
development of lands of the village-Dediyasan. Finally, learned
advocate, Mr.Prajapati has placed reliance on judgment dated
5.4.2023 passed by this Court in First Appeal No.4406 of 2018
and allied matters, in the case of land of Village-Panchot, which
is adjoining village to Village-Dediyasan. It is submitted that
Village-Panchot is approximately 8 to 9 kilometers away from
Village-Nagalpur and Village-Nagalpur is on the outskirts of
Mehsana City. It is submitted that Village-Dediyasan is nearer
to Village-Nagalpur, which is approximately 2.8 kilometers
away, and, in fact, looking to the development of Dediyasan
and its proximity to Village-Nagalpur as well as Mehsana City,
the Reference Court should have enhanced the amount of
compensation. Learned advocate, Mr.Prajapati has submitted
that, in fact, the market value determined by the District
Valuation Committee for the acquired land of Village-Nagalpur
at Rs.3,000/- is required to be considered as base market value
and, accordingly, as per the law 40% deduction is required to
be made, as considered by this Court in the judgment dated
5.4.2023 rendered for the land acquired of Village-Panchot.
Hence, it is submitted that amount of compensation may be
enhanced.
2.2 In support of his submissions, learned advocate,
Mr.Prajapati has placed reliance on judgment of the Apex Court
in the case of Maya Devi and Others v. State of Haryana
and Another reported in 2018 (2) SCC 474.
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
3. Per contra, learned AGP appearing for the acquiring body
has submitted that the impugned judgment and award passed
by the Reference Court does not require any interference since
Reference Court has precisely relied upon the evidence of
Exh.48, which pertains to the allotment of land for housing and
commercial plots of Mehsana-II Industrial Estate, and
considering the value of the plot in Mehsana GIDC, Reference
Court has properly considered the market value of the land at
Rs.1,500/- per sq.mtr. and after considering the distance and
size of the plot, Reference Court has deducted 10% and
determined the value of the land at Rs.1350/- per sq.mtr.
looking to the allotment date of 12.2.2009. Thus, it is
submitted that due to difference in issuance of Notification
under Section 4 of the Act in the present case, Reference Court
has precisely determined the market value at Rs.1271/- per
sq.mtr. and further deducted 60% of the amount qua non-
agricultural factor and development charges. It is submitted
that after considering and appreciating the evidence on record,
Reference Court has precisely determined the market value at
Rs.508/- per sq.mtr. and, thus, same does not require any
interference.
4. We have considered the rival submissions as well as
evidence, which has been established on record.
5. The facts which are not in dispute are that for the lands
acquired by the acquiring body for Mehsana Bypass of the
Village-Dediyasan, Notification under Section 4 of the Act was
issued on 25.7.2008 and Section 6 Notification was issued on
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
12.1.2009. The Special Land Acquisition Officer awarded Rs.49
per sq.mtr. vide award dated 27.12.2012. Being aggrieved and
dissatisfied, the claimants filed reference proceedings claiming
Rs.10,000/- per sq.mtr. for the acquired land. In support of
their claim, the claimants have placed reliance on report of the
District Valuation Committee below Exh.40, dated 12.1.2005,
wherein and whereby District Valuation Committee fixed the
value of the land at Rs.3,000/- per sq.mtr. as on 8.10.2004 for
the lands acquired of Village-Nagalpur. The claimants also
placed reliance on the Sale Deed of the land acquired for the
Village-Nagalpur at Exh.68 dated 3.10.2007 comprising of sale
of land admeasuring 6880 sq.mtrs. for an amount of
Rs.2,06,40,000/- which comes to Rs.3,000/- per sq.mtr. Both
the aforesaid evidence, though were pointed out by the
claimants and accepted, the same are ignored and not
considered by the Reference Court, instead the Reference
Court relied upon the evidence produced at Exh.48, which
pertains to housing and commercial plots of Mehsana-II
Industrial Estate and considering the valuation of said plots in
Mehsana GIDC, finally the Reference Court deducted 60% from
the amount of Rs.1271/- per sq.mtr. and had determined
market value at Rs.508/- per sq.mtr.
6. It is not in dispute that date of issuance of Section 4
Notification for the said plots was 12.2.2009, while in the
present case, notification under Section 4 of the Act for
acquiring the land of Village-Dediyasan was published on
25.7.2008. Thus, the Reference Court has considered
subsequent Notification dated 12.2.2009, that too for the plots
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
of Mehsana Industrial Estate, having the market value of
Rs.1500/-per sq.mtr. As per the decision of the Apex Court, in
the case of Maya Devi (supra), compensation awarded and
determined by the Reference Court cannot be premised on a
post notification instances. Thus, the Reference Court has
fallen in error in determining the market value of the land,
which was acquired of Village-Dediyasan on subsequent
allotment of the plot at Mehsana GIDC, which were allotted for
housing and commercial purpose. The evidence, more
particularly, the map at Exh.60 reveals topography of the
Village-Dediyasan as well as adjoining Villages. Village-
Dediyasan is sharing common boundaries with Village-
Nagalpur and Village-Panchot and falls between both these
Villages. The lands of Village-Panchot were acquired by the
very same acquiring body for the very same purpose.
Notification under Section 4 of the Act was issued on 11.2.2009
for the lands of Village-Panchot. This Court while considering
the land reference cases of village Panchot in First Appeal Nos.
4406/18 and Cross-Objections of claimants has observed 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
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
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.
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
(Rs.1440 + 144 = Rs.1584/-) and after lapse of four years
period, it would 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."
7. The distance between Village-Nagalpur and Village-
Panchot is approximately 8 to 9 kilometers, whereas distance
between Village-Dediyasan and Village-Nagalpur is
approximately 2.8 kilometers and it is nearer to Mehsana city
also, hence, the market value of the land of Village-Dediyasan
is to be determined more than the value of the land of Village-
Panchot.
8. The value of Rs.3,000/- per sq.mtr. as determined by the
District Valuation Committee in its report below Exh.43,
Rs.3,000/- for village Nagalpur, is considered by this Court in
judgment dated 5.4.2023 pertaining to the lands of Village-
Panchot. After deducting 40% therefrom, as per the
established law, the market value of the land was determined
at Rs.1,800/-. The same is also required to be followed in
present case.
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
9. The report of the District Valuation Committee is dated
8.10.2004 (Exh.43), whereas the section 4 Notification under
the Act for acquiring the lands of present village has been
issued on 25.7.2008, and hence there is a gap of 3 years and 9
months. A 10% p.a. rise has to be accordingly given for the
aforesaid period, which will be 37.5%. The 37.5% of the
amount of Rs.1800/- which we have already determined as
above will come to Rs.675/-. Thus, the total market value of
the land would come to Rs.2475/- (Rs.1800+675) per sq.mtr of
land. The land acquisition officer has awarded an amount of
Rs.49/- which is required to be deducted, hence the amount
will come to Rs.2426/- (Rs.2475-Rs.49). The reference Court
has further awarded an amount of Rs.459.50/- which is also
required to be further deducted. Hence, the final amount will
come to Rs.1966.50 (Rs.2426-459.50) per sq.mtr of land. Thus,
the claimants are entitled to enhanced compensation of
Rs.1966.50/- which is rounded off as Rs.1967/- per sq.mtr of
land.
10. Thus, the acquiring body shall deposit the further
compensation on the enhanced rate of Rs.1967/- per sq.mtr
along with the statutory interest as awarded by the reference
Court within a period of 12 weeks from the date of receipt of
the order of this Court before Reference Court. After the same
is deposited, the claimants shall be allowed to withdraw it after
due verification.
C/FA/422/2019 JUDGMENT DATED: 25/04/2023
11. With these observations, First Appeals filed by the
claimants are allowed to aforesaid extent. Consequently, First
Appeals filed by the State authorities against the impugned
judgment and award are dismissed. Record and Proceedings
be sent back to the concerned trial Court forthwith. No order as
to costs.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(DIVYESH A. JOSHI,J)
R.S. MALEK
