Gujarat High Court
The Special Land Acquisition ... vs Patel Pannalal Parbhubhai on 8 August, 2023
Bench: Ashutosh Shastri
NEUTRAL CITATION
C/FA/3431/2023 JUDGMENT DATED: 08/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3431 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In
R/FIRST APPEAL NO. 3431 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI : Sd/-
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI : Sd/-
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1 Whether Reporters of Local Papers may NO
be allowed to see the judgment ?
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 of NO
India or any order made thereunder ?
=====================================================
THE SPECIAL LAND ACQUISITION OFFICER AND DY.
COLLECTOR
Versus
PATEL PANNALAL PARBHUBHAI
=====================================================
Appearance:
MR JAYNEEL PARIKH AGP for the Appellant(s) No. 1,2
for the Defendant(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 08/08/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE DIVYESH A. JOSHI)
1. Considering the facts of the appeal and the
issue involved, present appeal is taken up for
final disposal at admission stage.
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C/FA/3431/2023 JUDGMENT DATED: 08/08/2023
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2. Being aggrieved by and dissatisfied with the
common judgment and award dated 10.05.2017
passed by learned Principal Sr. Civil Judge,
Rajpipla, (hereinafter referred to as "the
Reference Court" for short), in Land Acquisition
Reference Case (L.A.R) Case No.53 of 2013, the
appellant - State preferred the present appeal
under Section 54 of the Land Acquisition Act,
1894 read with Section 96 and Order 41 of Code
of Civil Procedure.
3. The brief facts leading to filing of the present
appeal are as under,
3.1 That the land of the respondent along with
other residents, situated at village Torna,
Taluka Nandod, District Narmada, came to be
acquired for the public purpose of widening
of Rajpipla - Poicha road. Notification
under Section 4 of the Land Acquisition Ac,
1894 (hereinafter referred to as "the Act"
for short) was issued on 17.03.2011 and
declaration under Section 6 of the Act was
made on 02.06.2011 and the same culminated
into the award under Section 11(1) of the
Act, which was made and declared by the
Land Acquisition Officer on 29.01.2013. The
Land Acquisition Officer by the said award
determined the market value of the land
acquired at Rs.23/- per sq.mtrs.
3.2 Being dissatisfied with the said award, the
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C/FA/3431/2023 JUDGMENT DATED: 08/08/2023
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respondent along with other land owners
preferred an application as provided under
Section 18 of the Act and the same was
referred to the Reference Court at
Rajpipla, which came to be numbered as
L.A.R Case Nos.50 to 57 of 2013.
3.3 One of the claimants was examined by the
Reference Court and the claimants relied
upon the previous award passed by Principal
Sr. Civil Judge, Rajpipla, in LAR Nos.101
to 118 of 2015 and the certificate issued
by the Talati-cum-Mantri of village Torana,
which indicates the distance between two
villages. Record further indicates that the
appellant did not adduce any oral or
documentary evidence. The claimants by the
said reference, claimed that the market
value of the land under acquisition, should
be determined at Rs.640/- per sq.mtr and in
fact, in reference application, the
respondents- claimants claimed that the
market value of the land under acquisition
is Rs.3,000/- to Rs.4,000/- per sq.mtr.
3.4 In the said reference, the Reference Court
framed the issue to the effect that whether
the original claimant is entitled to get
Rs.640/- per sq.mtr. for the land in
question. The Reference Court, after
appreciation of the evidence on record,
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C/FA/3431/2023 JUDGMENT DATED: 08/08/2023
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partly allowed the reference application
and determined the market value of the land
under acquisition at Rs.640/- per sq.mtr
and also awarded all statutory benefits as
provided under Sections 23(1)(a) and 23(2)
of the Act.
3.5 Being aggrieved by the same, the appellant
- State has preferred these appeals.
4. Heard learned AGP Mr. Jayneel Parikh for the
appellants - State.
5. Learned AGP contended that even though in the
deposition, more particularly in the cross-
examination of one of the claimants, it has come
on record that the fertility of the land
situated at village Bhadam and land situated at
village Torna are different, the Reference Court
has committed an error by considering the
previous award to be best exemplar while
determining the market value of the land
situated at village Torna. Learned AGP further
contended that essential features of the land,
which are to be considered while determining the
market value, have been ignored by the Reference
Court and hence, the Reference Court has
committed an error both in law and facts and so
also in appreciating the evidence in form of
previous award and has committed an error in
determining the market value of the land under
acquisition at Rs.640/- per sq.mtr. It was also
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contended that the Land Acquisition Officer
after considering five years sale, had
determined the market value of the lands under
question and the market value determined by the
Land Acquisition Officer at Rs.23/- per sq.mtr.
is true and correct market value of the land.
6. On the aforesaid grounds, learned AGP submitted
that the appeal be allowed and the impugned
judgment and award be quashed and set aside and
the award passed under Section 11(1) of the Act
by the Land Acquisition Officer be confirmed.
7. No other or further submissions have been made
by learned AGP appearing for the appellant.
8. Considering the submissions made by learned AGP
appearing for the appellant - State and
considering the observations made by the
Reference Court, more particularly in para 14 of
the impugned award, it deserves to be noted that
the appellants did not adduce any evidence
whatsoever. Even considering the deposition of
one of the land owners, it cannot be gainsaid
that the lands situated at village Torna are in
any manner inferior in its potentiality or
fertility. On the contrary, considering the
geographical location of the lands under
acquisition, the same abuts the highway and
therefore, potentiality of development would
also be greater than the lands, which were
acquired by previous award. Certificate relied
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upon by the land owners clearly reveals that the
boundaries of both the villages are adjacent to
each other.
9. This Court having appreciated the evidence on
record is of the opinion that previous award is
a best exemplar and the Reference Court has
committed no error in determining the market
value of the land under acquisition at Rs.640/-
per sq. mtr. based upon the said previous award
Notification in the case on hand. Therefore, the
present appeal does not deserve any
consideration.
10. Resultantly, the present appeal deserves to be
dismissed and are hereby dismissed. Record and
proceedings be transmitted back to the concerned
Reference Court forthwith. No order as to costs.
11. In view of dismissal of main First Appeal, Civil
Application filed for stay does not survive and
stands disposed of accordingly.
Sd/-
(ASHUTOSH SHASTRI, J)
Sd/-
(DIVYESH A. JOSHI, J.)
Gautam
