Gujarat High Court
The State Of Gujarat Through ... vs Vastabhai Tukadiyabhai Gamit on 24 August, 2023
Bench: Ashutosh Shastri
NEUTRAL CITATION
C/FA/771/2019 JUDGMENT DATED: 24/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 771 of 2019
With
R/FIRST APPEAL NO. 772 of 2019
With
R/CROSS OBJECTION NO. 93 of 2021
In
FIRST APPEAL NO. 772 of 2019
With
R/FIRST APPEAL NO. 950 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
In
R/FIRST APPEAL NO. 950 of 2019
With
R/FIRST APPEAL NO. 4005 of 2022
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 be
allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the
fair copy of the judgment ?
4 Whether this case involves a substantial
question of law as to the interpretation
of the Constitution of India or any
order made thereunder ?
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THE STATE OF GUJARAT
THROUGH COLLECTOR SHRI TAPI & 2 other(s)
Versus
VASTABHAI TUKADIYABHAI GAMIT
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Appearance:
MR TRUPESH KATHIRIYA AGP for the Appellant(s) No. 1,2,3
MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 1
VIDIT S SHARMA(7365) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/08/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE DIVYESH A. JOSHI)
1. First Appeal Nos.771 & 772 of 2019 and First
Appeal No.4005 of 2022 have been filed by the
appellant - State against the common judgment
and award dated 31.12.2004 passed by the learned
Principal Senior Civil Judge, Vyara, Tapi in
Land Reference Case Nos.346 to 354 of 2012.
Whereas First Appeal No.950 of 2019 has been
filed by the appellant - State against the
judgment and award dated 31.12.2004 passed by
the learned Principal Senior Civil Judge, Vyara,
Tapi in Land Reference Case No.335 of 2012. By
the said appeals, the appellant - State has
challenged the grant of additional compensation
to the original claimants.
2. Cross Objection No.93 of 2021 in First Appeal
No.772 of 2019 has been filed by the appellant -
original claimant inter alia praying for
enhancement of the compensation awarded by the
learned Principal Senior Civil Judge, Vyara,
Tapi in Land Acquisition Case No.353/2012.
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3. Short facts leading to filing of the present
appeals are as under,
The land owned by the original claimants
viz., Village : Sarkuva, Taluka : Vyara,
District : Tapi were acquired by the Government
for the purpose of Ukai Left Branch High Level
Cantor Canal and accordingly, Notification under
Section 4 of the Land Acquisition Act, 1894 (for
short "the Act") was published on 30.03.2006
and, thereafter, Notification under Section 6 of
the Act was published on 31.08.2006 in First
Appeal Nos.771 & 772 of 2019 and First Appeal
No.4005/2022 and on 28.09.2006 in First Appeal
No.950 of 2019. After following due procedure as
required under the law and after providing
opportunity to the original claimants, the
learned Special Land Acquisition Officer awarded
compensation at Rs.4/- per Sq.Mtrs. for
irrigated land and Rs.2/- per Sq.Mtrs. for non-
irrigated land, which was enhanced by the
learned Reference Court by granting additional
compensation of Rs.230/- per Sq.Mtr. after
placing reliance on the judgment and award dated
25.09.2014 passed in LAR Nos.220 to 230 of 2012
with regard to lands acquired of adjoining
Village : Chikhli.
4. Learned AGP Mr.Trupesh Kathiriya appearing for
the acquiring body has submitted that the
impugned judgment and award is required to be
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quashed and set aside since the Reference Court
has not appreciated the evidence, which was
produced by the Land Acquisition Officer. It is
submitted that the claimants have not cited sale
instances in support for the fixation and
unconditionally accepted the amount as awarded
by the reference court. It is submitted that the
said Land Acquisition Officer has taken into
consideration the market price prevailing at the
time of issuance of notification under Section 4
of the Act. He has further submitted that
reliance has been placed by the Reference Court
on the judgment and award of the adjoining
Village : Chikhli dated 25.09.2014 is erroneous
and the same could not have been placed reliance
without ascertaining the proper facts. Thus, it
is submitted that the impugned judgment and
award passed by the reference court is required
to be quashed and set aside.
5. Per contra, learned advocate, Mr. Vidit Sharma
for Mr.Nikunt Raval has opposed the aforesaid
appeals filed by the appellant - State. It is
submitted that in fact, before the learned
Reference Court, the original claimants have
placed on record cogent, convincing, clinching
and reliable evidence in support of their claim
but learned Reference Court has not given due
emphasis upon the said set of evidence and
awarded less compensation than the compensation,
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which the original claimants are entitled for
and, hence being aggrieved by awarding of less
compensation, the original claimants have also
filed Cross Objections and prayed for
enhancement of the compensation awarded by the
learned Reference Court as the awarded
compensation is not adequate to the evidence
produced by the original claimants.
6. At this stage, it is submitted that the present
first appeals filed by the appellant - State are
required to be dismissed in light of the
judgment dated 17.04.2023 passed in First Appeal
No.2390 of 2017 and allied matters and in fact,
relying upon the aforesaid order passed in the
aforesaid First Appeal No.2390/2017 and allied
matters, this Court has also dismissed First
Appeal No.1597/2020 and allied matter, which are
of adjoining village. It is, therefore, urged
that this appeals may be dismissed and
considering the facts of the case, cross
objections filed by the original claimants be
allowed and compensation as prayed for be
enhanced.
7. We have heard learned advocates appearing for
the respective parties. We have also gone
through the material and evidence produced on
record.
8. From the material and evidence produced on
record, it appears that Notification as required
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under Section 4 as well as under Section 6 of
the Act came to be issued by the acquiring body
for the purpose of Ukai Left Branch High Level
Cantor Canal. The evidence, which is established
on record, reveals that the lands of Village
Sarkuva, which is subject matter in the present
first appeals, have been acquired by the
acquiring body for the same purpose, for which
the lands of Village : Chikhli have been
acquired. The aforesaid village is adjoining to
Village : Sarkuva and the Reference Court has
placed reliance on the judgment and award of
Village : Chikhli dated 25.09.2014 passed in LAR
Nos.220 to 230 of 2012 for awarding the
additional compensation of Rs.230/- per sq.mtr.
9. So far as the acquisition of lands of Village
Kanpura and Village : Chikhli of Taluka Vyara,
District Tapi are concerned, same were subject
matter of challenge before this Court by the
acquiring body by filing First Appeal No.2390 of
2017 and allied matters as well as First Appeal
No.1597/2020 and allied matters. It is required
to be noted that while passing judgment and
order dated 03.05.2023 passed in First Appeal
No.1597/2020 and allied matters, this Court has
considered the decision rendered by this Court
in First Appeal No.2390 of 2017 and allied
matters and relying upon the same, those appeals
filed by the appellant - State have been
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dismissed. The evidence, on which reliance is
placed by the Reference Court in all above LARs
cases, were similar and identical in nature. We
have also gone through the judgment dated
17.04.2023 passed in First Appeal No.2390 of
2017 and allied matters as well as judgment and
order dated 03.05.2023 passed in First Appeal
No.1597/2020 and allied matters, upon which
reliance has been placed by learned advocate for
the original claimants. On perusal of the said
judgment, it is evident that the issue involved
in the present appeals are identical in nature
and squarely covered by the said decision taken
by the Coordinate Bench of this Court and we are
in complete agreement with the said decision
taken by the Coordinate Bench and, therefore, we
do not find any good reason to interfere with
the judgment and award passed by the Reference
Court challenged by filing aforesaid first
appeals.
10. Thus, in view of the aforesaid facts as well as
the evidence, it is established that the present
Village : Sarkuva is adjoining to Villages
Kanpura and Village : Chikhli and this Court has
already dismissed the first appeals challenging
the said judgment and award for the lands
acquired Village : Kanpura and Village :
Chikhli, therefore, the present first appeals
will also meet the same facts. Further, it is
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also required to be noted that the compensation
awarded by the Reference Court to the original
claimants is just and fair and based on the
documents produced on record and, hence, cross
objection filed by the original claimant
deserves to be dismissed.
11. Therefore, in view of the aforesaid facts and
discussion made hereinabove, First Appeal
Nos.771, 772 & 950 of 2019 and First Appeal
No.4005 of 2022 filed by the appellant - State
as well as Cross Objection No.93 of 2021 filed
by the appellant - original claimant in First
Appeal No.772 of 2019 are required to be
dismissed and the same are hereby dismissed. R &
P be sent back to the concerned court below. No
order as to costs.
Sd/-
(ASHUTOSH SHASTRI, J.)
Sd/-
(DIVYESH A. JOSHI, J.)
Gautam
