Gujarat High Court
State Of Gujarat Through Deputy ... vs Lh Of Decd Manilal Premabhai Gamit on 3 May, 2023
Bench: A.S. Supehia
C/FA/1597/2020 ORDER DATED: 03/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1597 of 2020
With
R/FIRST APPEAL NO. 1618 of 2020
With
R/FIRST APPEAL NO. 2312 of 2020
With
R/FIRST APPEAL NO. 2313 of 2020
With
R/FIRST APPEAL NO. 2314 of 2020
With
R/FIRST APPEAL NO. 2316 of 2020
With
R/FIRST APPEAL NO. 2317 of 2020
With
R/FIRST APPEAL NO. 2365 of 2020
With
R/FIRST APPEAL NO. 2366 of 2020
With
R/FIRST APPEAL NO. 2367 of 2020
With
R/FIRST APPEAL NO. 2368 of 2020
With
R/FIRST APPEAL NO. 2369 of 2017
With
R/FIRST APPEAL NO. 1505 of 2022
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STATE OF GUJARAT THROUGH DEPUTY SECRETARY
Versus
LH OF DECD MANILAL PREMABHAI GAMIT
================================================================
Appearance:
MR ADITYASINH JADEJA, AGP for the Appellant(s) No. 1,2,3 appears in
First Appeal Nos.2313, 2314, 2316 and 2365 of 2020
MR JAY MEHTA, AGP for the Appellant(s) appears in rest of the matters.
for the Defendant(s) No. 1
MR NIKUNT K RAVAL(5558) for the Defendant(s) No.
1.1,1.2,1.3,1.4,1.5,1.6,1.7
VIDIT S SHARMA(7365) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 03/05/2023
Page 1 of 5
Downloaded on : Mon May 08 20:34:13 IST 2023
C/FA/1597/2020 ORDER DATED: 03/05/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. In First Appeal Nos.1597, 2312, 2314, 2316, 2317 of 2020 and
1505 of 2022, for the lands acquired of Village Chikhli, Taluka Vyara,
District Tapi, Section 4 notification of the Land Acquisition Act, 1894
(for short "the Act") was published on 09.03.2006, whereas in First
Appeal Nos.1618 of 2020 and First Appeal Nos.2365 to 2369 of 2020,
Section 4 notification under the Act was issued on 20.04.2006 for
acquiring the lands of Village Chikhli, Taluka Vyara, District Tapi.
Except the aforesaid difference in all the first appeals, the judgment and
award passed by the reference court is of 25.09.2014, wherein and
whereby the reference court has awarded additional compensation of
Rs.286/- per sq.mtr. after placing reliance on the judgment and award
dated 16.01.2014 passed in LAR Case Nos.137 to 147 of 2012 with
regard to lands acquired of adjoining Village Kanpura.
2. Learned AGP Mr.Jay Mehta appearing for the acquiring body has
submitted that the impugned judgment and award is required to be
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 Kanpura dated 16.01.2014
C/FA/1597/2020 ORDER DATED: 03/05/2023
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.
3. Per contra, learned advocate Mr.Nikunt Raval has submitted that
the present first appeals 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.
4. We have heard the learned advocates appearing for the respective
parties.
5. As noticed hereinabove, in some of the first appeals, Section 4
notification under the Act has been issued on 20.04.2006, whereas in rest
of the first appeals, Section 4 notification under the Act is issued on
09.03.2006. The acquiring body is the same and the lands are acquired for
the purpose of Ukai Left Branch High Level Cantor Canal by the
acquiring body. The evidence, which is established on record, reveals that
the lands of Village Chikhli, 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 Kanpura have been acquired. The Village
Kanpura is adjoining to Village Chikhli and the reference court has
placed reliance on the judgment and award of Village Kanpura dated
16.01.2014 passed in LAR Case Nos.137 to 147 of 2012 for awarding the
additional compensation of Rs.286/- per sq.mtr.
6. So far as the acquisition of lands of Village Kanpura, Taluka
Vyara, District Tapi is concerned, the same were subject matter of
C/FA/1597/2020 ORDER DATED: 03/05/2023
challenge before this Court by the acquiring body by filing First Appeal
Nos.2390 of 2017 and allied matters. By the judgment and order dated
17.04.2023 passed in First Appeal Nos.2390 of 2017 and allied matters,
this Court has dismissed the appeals filed by the acquiring body. The
evidence, on which reliance is placed by the reference court in both the
LARs cases, were similar. The reference court has observed thus:-
"29. The claimants have also produced the copy of
judgment delivered by this Court in L.A.R No.137 to
147 of 2012 for village: Kanpura, dated 17.4.2008
vide Exh.24. In that case, the market value was
arrived at Rs.445/- per sq. Mtr. for village: Kanpura
adjoining to Village Chikhli, for Compensation Case
No.04/08 For which-Seccion 4 Notification was
published on 17.4.2008. The difference betwen
Section 4 Notification between Compensation Case
No.04/08 and In the instant -case is about 2 years,
but, solely on this basis evidence, the evidence
cannot be overlooked. The said market value arrived
for Kanpura village for the year 2008, shall be liable
to the reasonable deduction to arrive at market value
of the year 2006. If 30% is to be deducted for two
years, the market value for the year 2006, shall be
Rs.311/- per Sq. Mtr. for village Kanpura. Since village
Kanpura and Chikli share a common boundary, I am
of the opinion that no further deducation shall be
made to Rs. 311/- per Sq. Mtr.
30. In light of the above, evidence prdouced by the
claimants and a careful examination of the same in
light of the established precedents, the market value
of village Chikhli in aforementioned condition, shall
be not more than Rs.300/- per Sq. Mtr. I am of the
opinion that the market value in the instant case be
Rs. 290/- per Sq. Mtr. Therefore, after deducting an
amount of Rs. 4/- and Rs.1.80/- for irrigated and non-
irrigated land respectively, the amount shall be come
to Rs.286/- per Sq. Mtr. Therefore, the claimants shall
be entitled to an additional compensation of Rs.286/-
per Sq. Mtr. over and above the amount of
compensation already awarded to them for their
acquired lands. Hence, I decide Issue no 1 in
C/FA/1597/2020 ORDER DATED: 03/05/2023
affirmative and issue no 2 partly in the
affirmative."
7. Thus, in view of the aforesaid facts as well as the evidence, it is
established that the present Village Chikhli is adjoining to Village
Kanpura and this Court has already dismissed the first appeals
challenging such judgment and award for the lands acquired Village
Kanpura, the present first appeals will also meet the same facts.
8. Hence, in view of the aforesaid facts, the first appeals 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.
(A. S. SUPEHIA, J)
(DIVYESH A. JOSHI,J)
ABHISHEK/SB-2 TO 14
