Gujarat High Court
Kheda District Milk ... vs Dalvadi Shantaben Shankarbhai on 10 January, 2023
Bench: Ashutosh Shastri
C/FA/5494/1998 ORDER DATED: 10/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5494 of 1998
With
R/FIRST APPEAL NO. 5495 of 1998
With
R/FIRST APPEAL NO. 5496 of 1998
With
R/FIRST APPEAL NO. 5497 of 1998
With
R/FIRST APPEAL NO. 5498 of 1998
With
R/CROSS OBJECTION NO. 248 of 1999
In
FIRST APPEAL NO. 5494 of 1998
==========================================================
KHEDA DISTRICT MILK PRODUCERS'COOPERATIVE UNION LTD.
Versus
DALVADI SHANTABEN SHANKARBHAI & 12 other(s)
==========================================================
Appearance:
MR AS VAKIL(962) for the Appellant(s) No. 1
DECEASED LITIGANT for the Defendant(s) No. 4,6,7
MR GM AMIN(124) for the Defendant(s) No. 1,10,11,12,2,3,5,8,9
NOTICE SERVED for the Defendant(s) No. 13
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 10/01/2023
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. These appeals call in question the judgment and award
passed by 2nd Extra Assistant Judge, Kheda at Nadiad in Land
Reference Case Nos.744 of 1989 to 748 of 1989 dated 6.5.1998 at
the instance of appellant herein. Land admeasuring 59388 Sq.
Mtrs. situated at Anand was acquired by issuance of notification
C/FA/5494/1998 ORDER DATED: 10/01/2023
under Section 4 of the Land Acquisition Act,1894 ('the Act' for
short) on 5.4.1984, followed by notification under Section 6 of the
Act and published in Gazette on 3.3.1987. Pursuant to the same,
Land Acquisition Officer passed an award under Section 11 of the
Act on 29.10.1988, awarding compensation by fixing market value
of land acquired at the rate of Rs.10/- per Sq. Mtr. Being
aggrieved by said determination and quantification, claimants
preferred five separate Land Reference Cases being Nos.744 of
1989 to 748 of 1989 under Section 18 of the Act claiming
aggregate compensation at the rate of Rs.300/- per Sq. Mtr. On
the basis of pleadings of the parties and after evaluating the
evidence, namely oral and documentary, learned Trial Judge by
common judgment and award dated 6.5.1998 allowed the
References in part and enhanced compensation from Rs.10/- per
Sq. Mtr. to Rs.100/- per Sq. Mtr. and awarding 30% solatium
under Section 23(2) of the Act with interest at the rate of 12%
under Section 23(1) and further interest at the rate of 9% from
date of award till one year and 15% per annum interest from
subsequent year till payment or realization whichever is earlier.
2. Beneficiary of the acquisition has challenged the said
judgment and award in these five first appeals, namely First
C/FA/5494/1998 ORDER DATED: 10/01/2023
Nos.5494 of 1998 to 5498 of 1998. For the purposes of immediate
reference and convenience, we have tabulated herein-below the
details of survey number, area in square meter which was
acquired, reference case number, first appeal number, amount
awarded and corresponding cross-objection/ cross appeal raised
and it reads:-
Srl. Survey Area (in Sq. Land First Amount Cross-
No. No. of Mtrs.) Acquisition Appeal awarded objection
land No. Nos. (in Rs.)
(1) (2) (3) (4) (5) (6) (7)
1 2198/A/1 20841 744/1989 5494/1998 248/1999
2200/4 18110 64,85,341.50 claiming
balance
amount @
Rs.200/-
per Sq.
Mtr.
2 2193/1 1922 745/1989 5495/1998 3,20,013.00 Nil
3 2192 4452 746/1989 5496/1998 7,41,258.00 Nil
4 2191 8296 747/1989 5497/1998 13,81,284.00 Nil
5 2198/B 5767 748/1989 5498/1998 9,60,205.50 Nil
TOTAL 59388 98,88,101.00
3. Learned advocates after having argued the matters for
considerable time and as suggested by this Court to arrive at an
amicable settlement having regard to the fact that litigation has
been pending since 40 years have fairly submitted on instructions
from the parties that they have arrived at an amicable settlement,
namely it is agreed between the parties that market value of the
C/FA/5494/1998 ORDER DATED: 10/01/2023
land be fixed at Rs.160/- per Sq. Mtr. in all these five appeals.
Having regard to the fact that appellant (beneficiary of
acquisition) itself in the year 1981, i.e. on 17.9.1981, had
purchased a land nearby to the subject land, as per the sale deed
marked as Exh.87 for Rs.150/- per Sq. Mtr. as well as the property
situated on the western side of the subject property, namely a
layout formed by Saptarishi Co-operative Housing Society having
being sold at the rate of Rs.235/- per Sq. Mtr. vide Exh.85 in the
year 1985, we are of the considered view that said proposition
made by appellant and accepted by respondents- claimants
requires to be accepted as it is neither opposed to public policy
nor it would strike the conscience of the Court as not being
reasonable or appropriate.
4. Learned advocates appearing for claimants Mr. G.M. Amin
and Mr. B.G. Patel would submit that court fee on the cross-
objections (not filed) would be paid within outer limit of four
weeks before this Court. Their submission and undertaking is
placed on record.
5. It is made clear that only on production of proof of court fee
on this cross-objection being furnished to the Registry of the Trial
C/FA/5494/1998 ORDER DATED: 10/01/2023
Court (Reference Court), disbursement of amount shall be made.
6. This Court places on record the fairness adopted by learned
advocates Sriyuths Mr. Apurva S. Vakil, G.M. Amin and B.G. Patel
in accepting the suggestion made by the Court to learned
advocates to put wisdom to their respective parties to amicably
settle and hope and trust such incidence would repeatedly occur in
future.
7. As such, we accept the joint statement made by the learned
advocates appearing for both parties, we proceed to pass the
following order by consent of learned advocates who have
categorically and unequivocally stated before this Court that said
settlement has been arrived at after consulting their respective
parties and same has been reported to this Court after receiving
such consent from the parties without any force, threat or
compulsion:-
ORDER
(1) Appeals and cross-objection stands DISPOSED OF by
modifying the judgment and award passed in Land
Reference Case Nos.744 of 1989 to 748 of 1989 dated
6.5.1998.
(2) Market value of agricultural land of village Anand, Taluka
C/FA/5494/1998 ORDER DATED: 10/01/2023
Anand is fixed and determined at the rate of Rs.160/- per
Sq. Mtr. in substitution to Rs.100/- fixed by the Reference
Court.
(3) Appellant in all these cases is directed to pay
compensation to the respective claimants at a total
market value of Rs.160/- per Sq. Mtr.
(4) Claimants are entitled to get 30% solatium upon market
price with interest. Further, claimants are also entitled to
get interest upon market price at the rate of 9% from the
date of notification till date of the award till one year and
15% interest from subsequent year till deposit or
payment, whichever is earlier.
(5) Compensation paid or deposited pursuant to the award
passed by the Reference Court shall be given set off at
the time of depositing the balance amount. The enhanced
compensation amount with all consequential benefits is
ordered to be deposited by the appellant before the
Principal Civil Judge (S.D.) Anand within EIGHT WEEKS
from today.
(6) Registry of said Court shall ensure payment of said
amount to the respective claimants on proper
identification either by issuing cheque or preferably
transmitting said amount to the respective accounts of
claimants through NEFT or RTGS as the case may be on
affidavits being filed by respective claimants furnishing
C/FA/5494/1998 ORDER DATED: 10/01/2023
details of their bank account, branch, IFS Code to the
Registry of the jurisdictional Court. Claimants in First
Appeal Nos.5495 of 1998 to 5498 of 1998 shall furnish
proof of payment of Court Fee to Trial Court and only on
production of such proof, payment shall be made.
(7) Record and proceedings which has been transmitted is
ordered to be transmitted to the Court of Principal Senior
Civil Judge, Anand under due acknowledgment forthwith
and at any rate on or before 30.01.2023.
(8) Registry of said Court shall continue to exercise the
power in view of bifurcation of district having taken place
and subject land falling within the jurisdiction of Anand
district.
(9) Registry to communicate this order to Principal District
Judge, Anand for due compliance of the order.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(ASHUTOSH J. SHASTRI, J)
OMKAR
