Gujarat High Court
Kanabi Rupabhai Pragbhai vs Deputy Collector on 1 August, 2023
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/FA/523/2018 ORDER DATED: 01/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 523 of 2018
With
R/FIRST APPEAL NO. 524 of 2018
With
R/FIRST APPEAL NO. 525 of 2018
With
R/FIRST APPEAL NO. 526 of 2018
With
R/FIRST APPEAL NO. 527 of 2018
With
R/FIRST APPEAL NO. 528 of 2018
With
R/FIRST APPEAL NO. 529 of 2018
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KANABI RUPABHAI PRAGBHAI
Versus
DEPUTY COLLECTOR & 1 other(s)
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1,1.1
IN FA NOS.523, 524, 525 AND 526 OF 2018, MS TANUSHREE SHRIMAL,
AGP for the Defendant(s) No. 1,2
IN FA NOS. 527, 528, 529 OF 2018, MS HETAL PATEL, AGP for the
Defendant nos.1, 2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 01/08/2023
COMMON ORAL ORDER
1. Heard learned advocate Mr.A.V.Prajapati for
the appellant and learned Assistant Government
Pleader for the respondent State.
2. This group of First Appeals is arising from
the common Judgment and Award dated 02.12.2013
rendered in LAR Nos.590 of 1999 to 606 of 1999
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(main LAR No.590 of 1999) with regard to the
acquisition of the land situated at Village
Nokha, Taluka Deodar, District Banaskantha for
the purpose of construction of canal in Narmada
Project.
3. The details of the First Appeal numbers and
LARs are as under:
SR.NO. FIRST APPEAL NO. LAR NO.
1 523/2018 590/1999
2 524/2018 593/1999
3 525/2018 595/1999
4 526/2018 596/1999
5 527/2018 597/1999
6 528/2018 598/1999
7 529/2018 606/1999
4. A notification under Section 4 of the Land
Acquisition Act, 1894 (for short "the Act") was
issued on 22.01.1997. A notification under
Section 6 of the Act was issued on 29.03.1997.
The Special Land Acquisition Officer awarded
Rs.2.05/- per square meters under section 11 of
the Act.
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5. Being aggrieved, the claimants preferred the
Reference under Section 18 of the Act. The
Reference Court awarded an additional
compensation of Rs.22.2/- per square meters -
Rs.2.05/- per square meters awarded by the
Special Land Acquisition Officer i.e. Rs.20.15/-
per square meters by the impugned Judgment and
Award.
6. At the outset, learned advocate Mr.
A.V.Prajapati appearing for the appellant-
claimants submitted that the First Appeal no.1841
of 2023 was preferred against the Judgment and
Award dated 03.10.2013 arising out of the Land
Reference for acquisition of the land of the same
village Nokha by the other claimants and this
Court has allowed the said First Appeal by
enhancing the compensation at Rs.58.85/- per
square meters.
7. It was submitted by learned advocate
Mr.Prajapati that in the facts of the First
Appeal No.1841 of 2023, a notification under
Section 4 of the Act was issued on 04.12.1996
whereas in the present case, the same was issued
on 22.01.1997 and therefore there is a gap of
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about two months between the two notifications
and therefore the rise in the market price is not
required to be given. It was therefore submitted
that the appellants-claimants are entitled for
the additional compensation of Rs.58.85/- per
square meters as awarded by this Court in First
Appeal No.1841 of 2023.
8. Per contra, learned AGP has fairly admitted
that in view of the order passed in First Appeal
No.1841 of 2023, the appellants are entitled to
the enhanced compensation of Rs.58.85/- per
square meters. However, it was submitted that the
appellants-claimants did not lead any evidence
before the Reference Court with regard to taking
crops like Millet, Cotton, Castor-seed,
Jeera(cummins), Seasame etc. and hence, no
interference may be made by modifying the
impugned Judgment and Award granting similar
benefits which are extended to the claimants of
the First Appeal No.1841 of 2023.
9. Considering the submissions made on both the
sides, it is not in dispute that the First Appeal
No.1841 of 2023 was arising out of the LARs
pertaining to the acquisition of the land of the
same village Nokha and there is hardly any gap
between the issuance of notification under
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Section 4 of the Act between the two acquisition
proceedings.
10. In the said case, the Reference Court awarded
additional amount of Rs.20.15/- per square meters
which is enhanced by Rs.58.85/- per square meters
by this Court in First Appeal No.1841 of 2023. In
the First Appeal No.1841 of 2023, the order
passed in First Appeal No.355 of 2023 is
considered and followed. The First Appeal No.355
of 2023 was arising out of the LAR No.572 of 1999
for an acquisition of land situated at village
Manpura which is adjacent to village Nokha.
11. The Coordinate Bench in order dated
20.02.2023 passed in the First Appeal No.355 of
2023 while awarding Rs.81.05/- per square meters
as fair compensation for acquisition of the land
for village Manpura observed in para no.9 as
under:
"Under the circumstances, this Court
cannot deny the benefits which are
extended to the claimant of Dhansol
village. It is pertinent to note that
the reference court, while awarding the
additional compensation of Rs.81=05ps.
to the claimant of Dhansol village has
placed reliance on the lands acquired of
Kotarvada village, for which Section 4
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notification was issued on 30.4.1997.
This Court has perused the map along
with additional evidence. On perusal of
the same, it reveals that the boundaries
of Kotarvada, Dhunsol and Manpura
villages are common and all the three
villages are adjoining. For the lands
acquired of Kotarvada village, the
additional compensation of Rs.81=05ps.
has been awarded by the reference court
by judgment and award dated 22.3.2017 in
LAR Nos.157, 159 to 162 of 2000 and
allied matters, and the same is accepted
by the State Government. Thus, the
present appellant-claimant, who belong
to Manpura village cannot be
discriminated from awarding the
additional compensation to either of
which has been awarded to the claimant
of Dhunsol village and Kotarvada
village."
12. With regard to issue of awarding interest by
the Reference Court as provided under Section 28
of the Act, learned AGP pointed out the order
dated 12.10.2018 passed by the Supreme Court in
Special Leave to Appeal (C) No.26817 of 2018,
which reads as under:
"Issue notice.
Untill further orders, there will be
stay of operation of the impugned orders
passed by the High Court, subject to
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C/FA/523/2018 ORDER DATED: 01/08/2023
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petitioners depositing with Reference
Court the interest from the date of
award, within three weeks from today.
On such deposit, it will be open to the
claimants to withdraw the same, on
proper verification, without prejudice
to their contentions in these cases.
We make it clear that this order will
apply in the case of all pending matters
in the High Court and, therefore, those
claimants need not travel to this Court.
Tag with SLP(C) No.27049/2018."
13. The Supreme Court in the order dated
12.10.2018 has ordered that for all the matters,
which are pending before this Court, the
acquiring body is directed to deposit the
interest from the date of award, and as on such
deposit, it would be open for the claimant to
withdraw the same on proper verification without
prejudice to their contentions in the case
pending before the Supreme Court.
14. Thus, on such deposit of the entire amount as
ordered by this Court, the claimants would be
entitled to get interest from the date of award.
It is further clarified that the same will be
subject to further orders, which will be passed
by the Supreme Court in the aforementioned cases.
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15. It is further clarified that whatever deficit
court fees, the same shall be deposited by the
present appellants before the registry of this
Court as mentioned by the learned advocate
Mr.Prajapati.
16. The First Appeals are accordingly partly
allowed. The claimants would be entitled to an
additional compensation of Rs.58=85ps. per
sq.mtr. over and above the additional
compensation which has been awarded by the court
below. The rest of the directions remain
unaltered. The acquiring body shall deposit the
additional compensation amount within a period of
three months from today. After such deposit, the
reference court shall disburse the same to the
claimants after proper verification. The rest of
the directions issued by the reference court
shall remain unaltered.
(BHARGAV D. KARIA, J)
URIL RANA
