Gujarat High Court
Hirben Jamaji Sama vs State Of Gujarat on 4 September, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/4942/2024 ORDER DATED: 04/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4942 of 2024
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HIRBEN JAMAJI SAMA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1,2,3,4
MS HETAL PATEL ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 04/09/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
[1] From the Affidavit dated 02.09.2024 filed by the
Collector, Bhuj, Kachchh, it may be noted that the Jantri
value of non-irrigated land of Village Nandasar, Taluka
Rapar, District Kachchh notified and uploaded on the
website "garvi.gujarat.gov.in" as on 01.01.2014 is
Rs.111/- per sq.mts. The land in question is Survey
No.229 / 2 and is a non-irrigated land, which fact is not
disputed by the parties.
[2] In the said scenario, in view of the findings
returned by us in the detailed judgment and order
28.08.2024, we provide that the Special Land Acquisition
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C/SCA/4942/2024 ORDER DATED: 04/09/2024
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Officer has committed an error of law in determining the
compensation in the land in question vide Award dated
03.03.2020, by considering the Jantri value of the land in
question at the rate of Rs.16/- per sq.mts, as per the
Jantri value in the year 2011.
[3] As noted by us, the initial determination of
compensation as per the agreement arrived between the
parties was as per the consent award dated 28.09.2011
had not been paid to the petitioners. The reason given by
the State Respondent for non-payment of the
compensation was that there was some mistake in
determination of Jantri value by the Collector at the
relevant point of time of non-irrigated land.
[4] We have also noted that the petitioner has
approached this Court in Special Civil Application
No.8943 of 2019 wherein, vide judgment and order dated
23.07.2019, the petitioners were given benefit of the
Award passed with respect to a similarly situated land
where compensation was paid as per the Jantri value of
Rs.111/- per sq.mts for non-irrigated land. The petitioner
had to file contempt proceedings for non-compliance of
the judgment and order dated 23.07.2019. However, for a
period of nine years, there has been tug of war between
the parties in the matter of determination of Jantri value
of the land in question. Resultantly, the Award dated
03.03.2020 was passed by modifying the Jantri value of
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C/SCA/4942/2024 ORDER DATED: 04/09/2024
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the land in question computing the compensation at the
Jantri value of the year 2011.
[5] As noted by us in the judgment and order dated
28.08.2024, it may be reiterated that since the petitioners
were not paid the compensation as per the consent Award
dated 28.09.2011 within a reasonable time, we have held
that the petitioners are entitled to the compensation at
the Jantri value of the land in question as on 01.01.2014,
the date of enforcement of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
[6] Having held that, we have required the
Collector to intimate us the Jantri value of the land in
question as on 01.01.2014, which is admittedly Rs.111/-
per sq.mts as per the statement made in the affidavit
noted hereinabove.
[7] We, therefore, allow the present writ petition
setting aside the Award dated 03.03.2020 holding that a
fresh award is to be declared with respect to the land in
question namely Plot No.29 / 2 of Village Nandasar,
Taluka Rapar, District Kachchh, for computing the
compensation at the Jantri value of Rs.111/- per sq.mts as
on 01.01.2014.
[8] All other elements of compensation as per the
Right to Fair Compensation and Transparency in Land
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C/SCA/4942/2024 ORDER DATED: 04/09/2024
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Acquisition, Rehabilitation and Resettlement Act, 2013
shall be included after arriving at the computation of
market value of the land in question at the Jantri value at
the rate of Rs.111/- per sq.mts and the award be declared
within the period of two months from the date of receipt
of the copy of this order.
[9] In case of failure on the part of the respondent
in declaring the award under the directions given above,
it would be open for the petitioner to bring his action
before this Court.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
SAHIL S. RANGER
