Gujarat High Court
Land Acquisition And Rehabiliation ... vs Lrs. Of Deceased Kanbi Ratnabhai ... on 15 February, 2024
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 671 of 2019
With
R/FIRST APPEAL NO. 2843 of 2019
With
R/FIRST APPEAL NO. 2847 of 2019
With
R/FIRST APPEAL NO. 2845 of 2019
With
R/FIRST APPEAL NO. 2846 of 2019
With
R/FIRST APPEAL NO. 3785 of 2019
With
R/FIRST APPEAL NO. 3739 of 2019
With
R/FIRST APPEAL NO. 3718 of 2019
With
R/FIRST APPEAL NO. 3706 of 2019
With
R/FIRST APPEAL NO. 3740 of 2019
With
R/FIRST APPEAL NO. 3732 of 2019
With
R/CROSS OBJECTION NO. 331 of 2023
In
R/FIRST APPEAL NO. 2845 of 2019
With
R/CROSS OBJECTION NO. 332 of 2023
In
R/FIRST APPEAL NO. 2846 of 2019
With
R/CROSS OBJECTION NO. 333 of 2023
In
R/FIRST APPEAL NO. 2847 of 2019
With
R/CROSS OBJECTION NO. 335 of 2023
In
R/FIRST APPEAL NO. 3706 of 2019
With
R/CROSS OBJECTION NO. 337 of 2023
In
R/FIRST APPEAL NO. 3718 of 2019
With
R/CROSS OBJECTION NO. 339 of 2023
In
R/FIRST APPEAL NO. 3732 of 2019
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With
R/CROSS OBJECTION NO. 340 of 2023
In
R/FIRST APPEAL NO. 3739 of 2019
With
R/CROSS OBJECTION NO. 341 of 2023
In
R/FIRST APPEAL NO. 3740 of 2019
With
R/CROSS OBJECTION NO. 342 of 2023
In
R/FIRST APPEAL NO. 3785 of 2019
With
R/CROSS OBJECTION NO. 343 of 2023
In
R/FIRST APPEAL NO. 668 of 2019
With
R/CROSS OBJECTION NO. 344 of 2023
In
R/FIRST APPEAL NO. 671 of 2019
With
R/CROSS OBJECTION NO. 345 of 2023
In
R/FIRST APPEAL NO. 672 of 2019
With
R/CROSS OBJECTION NO. 346 of 2023
In
R/FIRST APPEAL NO. 673 of 2019
With
R/CROSS OBJECTION NO. 347 of 2023
In
R/FIRST APPEAL NO. 674 of 2019
With
R/CROSS OBJECTION NO. 348 of 2023
In
R/FIRST APPEAL NO. 1024 of 2019
With
R/CROSS OBJECTION NO. 349 of 2023
In
R/FIRST APPEAL NO. 1025 of 2019
With
R/CROSS OBJECTION NO. 350 of 2023
In
R/FIRST APPEAL NO. 1026 of 2019
With
R/CROSS OBJECTION NO. 351 of 2023
In
Page 2 of 11
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R/FIRST APPEAL NO. 2843 of 2019
With
R/FIRST APPEAL NO. 1024 of 2019
With
R/FIRST APPEAL NO. 1025 of 2019
With
R/FIRST APPEAL NO. 1026 of 2019
With
R/FIRST APPEAL NO. 668 of 2019
With
R/FIRST APPEAL NO. 672 of 2019
With
R/FIRST APPEAL NO. 673 of 2019
With
R/FIRST APPEAL NO. 674 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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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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LAND ACQUISITION AND REHABILIATION OFFICER
Versus
LRS. OF DECEASED KANBI RATNABHAI JETHABHAI
==========================================================
Appearance:
MR.AKASH CHHAYA, AGP, MS.POOJA ASHAR, AGP, MR.AAKASH
GUPTA, AGP for the Appellant(s) No. 1,2
MR.JINESH KAPADIA, for the Defendant(s) No.
MR MAHESH P PATEL(3381) for the Defendant(s) No. 1.1,1.2,1.3,1.4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 15/02/2024
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. All these First Appeals arise out of respective
land reference cases which were decided by the
Additional Senior Civil Judge at Deesa.
2. Facts in brief would indicate that the lands of the
original claimants were acquired for a public
purpose of spreading canal of Sujalam Sufalam
by issuing notifications under Section 4 and
Section 6 of the Act. The Land Acquisition
Officer by the award determined the market
value of the land acquired at Rs.8.50 per square
meters. On the claimants filing applications for
enhancing, the Reference Court partly allowed
the references and determined the market value
of the land under acquisition at Rs.333.50 per
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square meters. These appeals have been
preferred by the State of Gujarat for quashing
the judgement and award of the Reference
Court, whereas, the original claimants have filed
cross-objections for enhancement of the claim.
3. It is not disputed by the learned counsel for the
respective parties that for the same village and
the acquisition process, this Court decided a
group of appeals and cross objections viz. First
Appeal No.669 of 2019 and allied matters. After
considering the evidence on record which is the
same as the one in the present cases and after
setting out in detail various decisions of the
Supreme Court, a Division Bench of this Court by
its CAV judgement dated 18.12.2023 held as
under:
"14. We have considered the ratio laid down
and the principle enunciated in the aforesaid
decisions. It is found out that the principles
governing determination of market value of
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lands acquired are well- settled and at the
time of determination of the compensation,
the Hon'ble Supreme Court issued certain
directions as regard the the methods of
valuation to be considered i.e. (1) opinion of
experts, (2) the prices paid within a
reasonable time in bonafide transactions of
purchase or sale of the lands acquired or of
the lands adjacent to those acquired and
possessing similar advantages and (3) a
number of years' purchase of the actual or
immediately prospective profits of the lands
acquired. Therefore valuation made by the
Valuation Committee can be a valid basis for
the Reference Court in deciding the valuation
of the land for the purpose of awarding
compensation, subject to any change in the
nature of the land, character etc. If the
impugned judgment and order of the
Reference Court is examined in light of the
aforesaid observations and discussions, it
appears to us that there is no error
committed by the Reference Court in relying
upon the price fixed for allotment of the land
for the public purpose of Spreading Canal of
Sujalam Safalam, but the Reference Court has
committed error in not considering the aspect
that the valuation as was made of the land in
question on 20.05.2004 and the said valuation
is to be considered, keeping in view the
principles, as observed herein above and the
Reference Court has also totally lost sight of
in not considering the deduction to be made
in the nature of the land allotted for non-
agricultural purpose and the acquisition of
agricultural land in the present case.
15. From the facts of the case, as stated
above, it is found out that it is the case of the
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original claimants that the Valuation
Committee has fixed the valuation of the
Government land on 20.05.2004, whereas the
Notification under Section 4 of the Act was
published on 30.06.2004 i.e. after the fixation
of the valuation of the land by the Valuation
Committee and, hence, they are entitled for
additional compensation, for which, reliance
is put upon the decision of this Court in case
of Patel Haribhai Manilal (supra) as well as in
case of Amaji Mohanji Thakore (supra) and
though the aforesaid facts have been pointed
out before the Reference Court, it has not
been considered and 40% deduction was
made instead of 20@, which the original
claimants are entitled for. We have gone
through the record and proceeding and found
out that the Reference Court has considered
the report dated 20.05.2004 of the Valuation
Committee. It is found out that the Reference
Court has correctly evaluated the the report
of the Valuation Committee but at the time of
considering the amount, 40% amount is
deducted from the said amount mentioned in
the report solely on the count that in identical
matter in case of Sardar Sarovar Narmada
Nigam Ltd. delivered in First Appeal
Nos.2832 to 2843 of 2006, the Division Bench
of this Court has deducted 40% amount from
the price fixed by the competent authority. It
is found out from the record that in the said
matter, the acquired land was situated in
outskirt of the city area, whereas the present
land, which is acquired by the acquiring body,
is situated within the center of the city and as
per the evidence led by the original
claimants, surrounding and vicinity area of
the acquired land is well developed area and
in future, the Government need not have to
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spend any amount for the development of the
said area, therefore, basic price value of the
said land is on higher side, therefore, the
deduction is required to be made 20% instead
of 40%. We have gone through the record and
proceedings and found out that the land,
which was acquired by the acquiring body, is
small plot and situated within the center of
the city, therefore, we are of the opinion that
the original claimants are entitled for 20%
deduction instead of 40% deduction.
16. We have considered the report of the
District Valuation Committee, village :
Lakhani dated 20.05.2004 produced on
record at Exhs.40 & 41 i.e. as well as the Map
of village produced on record. It is found out
from the aforesaid documents that the price
of the land of land bearing Survey No.152 pk.
has been evaluated and fixed at Rs.570/- per
sq.mtr. and Sujalam Safalam Canal passes
pk. and the said lands are situated adjacent to
the land owned by the original claimants. It is
also found out from the record that the lands
owned by the original claimants are situated
within well developed area, which would
reduce the expenditure behind the
development and, therefore after acquiring
the said land, the Government need not have
to spend money for its development. Thus
considering the above facts of the case on
hand, the original claimants are entitled for
deduction of 20% instead of 40%, which has
been done in the present case.
17. At this stage, it is pertinent to note that
we have also gone through the impugned
judgment and award passed by the learned
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Reference Court including the finding given
and conclusion arrived at by the learned
Reference Court and found that except
deduction of 40% instead of 20%, there is no
error committed by the learned Reference
Court, which would require interference from
this Court. Hence, rest of the impugned
judgment and award remain unaltered.
18. Therefore in view of the aforesaid
observations made, First Appeals filed by the
State of Gujarat are hereby dismissed.
Whereas Cross Objections filed by the
original claimants are allowed as prayed for.
Therefore, the impugned judgment and award
dated 22.09.2017 passed by the learned
Additional Senior Civil Judge, Deesa in Land
Acquisition Reference Nos.26 to 31 of 2005 is
hereby modified to the extent that instead of
compensation at Rs.333.50, which is already
awarded by the Reference Court, the original
claimants are entitled to get additional
compensation at Rs.114/- per Sq.Mtr i.e. total
compensation at Rs.456/-. Rest of the
observation and direction would remain
unaltered. Decree to be drawn accordingly.
Record & Proceedings are sent back
forthwith.
19. Connected application, if any, stands
disposed of."
4. For the aforesaid reasons, which have been set
out herein above in the aforesaid First Appeal,
the First Appeals filed by the State are
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dismissed. Cross-objections filed by the original
claimants are allowed. The respective impugned
judgements and awards passed in the respective
land reference cases are hereby modified to the
extent that instead of compensation at Rs.333.50,
which is already awarded by the Reference
Court, the original claimants are hereby held
entitled to get additional compensation of
Rs.114/- per square meter i.e. total compensation
of Rs.456/- per square meter for their respective
acquired land along with all statutory benefits
and interest after adjustment of the amount
already received by the claimants. Such
statutory benefit accrued shall be as per the rate
prescribed under Section 34 of the Act, for the
period from the date of passing of the award by
the Reference Court under Section 18 of the Act
till the filing of the respective First Appeals
before this Court. It is further directed that the
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enhanced compensation shall be deposited with
the Nazir of concerned Court within period of
eight weeks from the date of receipt of this order
and on deposit of such amount, the same is
directed to be disburse and paid to respective
claimants on due verification of their identity by
account payee cheque.
5. Order accordingly.
(BIREN VAISHNAV, J)
(NISHA M. THAKORE,J)
ANKIT SHAH
