SPECIAL LAQ OFFICER & 1 v. LALBHAI GANESHBHAI

========================================================= SPECIAL LAQ OFFICER & 1 - Appellants Versus LALBHAI GANESHBHAI - Defendant ========================================================= Appearance : Mr. K.T.Dave, Assistant GOVERNMENT PLEADER for the Appellants. Mr. A.J.Patel, for the respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE DN PATEL Date : 12/02/2008 FA/419/2008 JUDGMENT ORAL JUDGMENT The aforesaid First Appeals have been preferred against the judgment and award dated 30th September, 2005 in LAQR Nos. 233 of 1999 to 238 of 1999 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural), whereby the trial court has awarded total amount of compensation of Rs. 32.90 ps. per sq.mtr. for the land situated at village Dangarwa, Ta: Viramgam, Dist: Ahmedabad.

2. It appears from the the facts of the case that the land in question was acquired by the present appellants for the public purpose, namely constructing of Narmada canal. The notification under section 4 of the Land Acquisition Act,1894 was issued on 3rd April, 1998. Thereafter, section 9 notification was issued on 4th September, 1998. The Land Acquisition Officer awarded compensation at the rate of Rs.1.60 ps. per sq.mtr. as well as at the rate of Rs. 2.40 per sq.mtr. . The award of the Land Acquisition Officer is dated 26th April,

1999. It also appears from the facts of the case that thereafter, the claimants have preferred reference wherein they are claiming compensation at the rate of Rs. 50/- per sq.mft.

3. It also appears from the facts of the case that while deciding the aforesaid land reference cases, the trial court has heavily relied upon exh. 31 which is a decision rendered by this Court in First Appeal Nos. 2578 of 2006 to 2586 of 2006 dated 13th October, 2006 whereby Rs. 23.70 ps. per sq.mtr. was awarded for the land situated at village Madresana, Ta: Viramgan, (now after FA/419/2008 JUDGMENT bifurcation situated in Taluka Detroj, Dist: Ahmedabad.). It appears that for the land situated at village Madresana, section 4 notification was issued in the year 1994, whereas in the facts of the present case, section 4 notification was issued on 3rd April, 1998 and therefore, the trial court has awarded Rs. 32.90 ps. per sq.mtr. as total compensation. Against this award, the appellants have preferred the present First Appeals.

4. Having heard the learned advocates for both the sides and looking to the facts and circumstances of the case, it appears that the document upon which the trial court has relied upon i.e. exh. 31 is a judgment delivered by this Court in First Appeal Nos. 2578 of 2006 to 2586 of 2006 dated 13th October, 2006, which has been relied upon in several groups of matters for fixing the compensation for the land acquired of village Dangarwa. The following is the table which clearly reveals LAQ and LAR Nos., section 4 notification, section 6 notification, date of award, amount of compensation given by Land Acquisition Officer as well as by District Court, First Appeal Nos., date of judgment delivered by this Court and the amount of compensation awarded by this Court per sq.mtr., as under: (i) L.A.Q.No.26/94 : L.A.R.No.830/98 to 836/98, 40/01 to 45/01, 47/01 Section 4 notification : 3/6/95 Section 6 notification : 24/1/96 Date of award: 18/10/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 26.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 23.00 154/07 to 167/07 2/4/07 (ii) L.A.Q.No.27/94 : L.A.R.No.837/98 to 845/98, 66/01 to 68/01 FA/419/2008 JUDGMENT Section 4 notification : 3/6/95 Section 6 notification : 24/1/96 Date of award: 22/10/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 26.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 23.00 168/07 to 179/07 2/4/07 (iii)L.A.Q.No.28/94 : L.A.R.No.846/98 to 859/98 Section 4 notification : 8/8/95 Section 6 notification : 27/3/96 Date of award: 19/10/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 26.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 23.00 5165/06 to 5178/06 2/4/07 (iv) L.A.Q.No.30/94 : L.A.R.No.860/98 to 867/98, 52/01, 54/01 to 55/01, 59/01, 61/01 to 63/01. Section 4 notification : 8/8/95 Section 6 notification : 27/3/96 Date of award: 28/10/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 26.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 23.00 105/07 to 119/07 2/4/07 (v) L.A.Q.No.31/94 : L.A.R.No.868/98 to 881/98. Section 4 notification : 19/7/95 Section 6 notification : 24/1/96 Date of award: 30/12/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 26.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 23.00 139/07 to 151/07 2/4/07 (vi) L.A.Q.No.32/94 : L.A.R.No.882/98 to 892/98. Section 4 notification : 4/3/96 Section 6 notification : 4/9/96 Date of award: 20/01/96 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 27.88 FA/419/2008 JUDGMENT F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 25.00 120/07 to 130/07 2/4/07 (vii)L.A.Q.No.33/94 : L.A.R.No.203/99 to 216/99. Section 4 notification : 4/9/96 Section 6 notification : 12/3/97 Date of award: 10/8/98 L.A.O.paid per sq.mtr.: 1.38 Dist.Court per sq.mtr.: 29.38 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 25.50 5290/06 to 5302/06 2/4/07 (viii)L.A.Q.No.6/96 : L.A.R.No.217/99 to 224/99. Section 4 notification : 4/3/97 Section 6 notification : 17/12/97 Date of award: 22/12/98 L.A.O.paid per sq.mtr.: 2.40 Dist.Court per sq.mtr.: 29.50 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 26.50 249/07 to 256/07 2/4/07 (ix) L.A.Q.No.1/97 : L.A.R.No.225/99 to 232/99. Section 4 notification : 7/7/97 Section 6 notification : 7/2/98 Date of award: 22/12/98 L.A.O.paid per sq.mtr.: 2.40 Dist.Court per sq.mtr.: 31.00 F.A. Nos. : Date of H.C.Judgement: High Court per Sq.Mtr.: 28.00 131/07 to 138/07 2/4/07 (x) L.A.Q.No.25/94 : L.A.R.No.173/99 to 184/99. F.A. Nos. : Date of H.C.Judgement: 3508 to 3519/06 3/7/07 Thus, it appears that several are the orders passed by this Court, on the basis of the aforesaid exh. 31 which has been relied upon by the trial court. Out of the aforesaid whole table, the land situated at serial no. 8 is of village Dangarwa and having section 4 notification FA/419/2008 JUDGMENT date much nearer to section 4 notification date in the facts of the present case. In serial no. 8, compensation awarded by this Court is Rs. 26.50 ps. per sq.mtr. for village Dangarwa in which section 4 notification was issued on 4th March, 1997 whereas for the disputed land, section 4 notification has been issued on 3rd April,

1998. Thus, serial no. 8 is the closest comparable land.

5. In view of the aforesaid facts and looking to the aforesaid decision rendered by this Court and especially one which is delivered at serial no. 8in the above table for First Appeal nos. 249 of 2007 to 256 of 2007 dated 2nd April, 2007, this Court has awarded Rs.

26.50 ps. per sq.mtr. for the land of village Dangarwa having section 4 notification dated 4.3.1997. Looking to the facts of the present case and comparing section 4 notification period, it appears that for the disputed land, section 4 notification is dated 3rd April, 1998 and therefore, as per the decision rendered by the Hon'ble Supreme Court in the case of Special Land Acquisition Officer, BTDA, Bagalkot vs. Mohd. Hanif Sahib Bawa Sahib reported in (2002) 3 SCC 688, the amount awarded by this Court at the rate of Rs. 26.50 per sq.mtr. is hereby enhanced to Rs. 28.75 ps. Thus, compensation at the rate of Rs. 28.75 per sq.mtr. is hereby awarded and to this extent, the award passed by the trial court is hereby modified. Instead of Rs. 32.90 ps. it shall be now Rs.

28.75 ps. per sq.mtr. as total compensation. Rest of the benefits awarded by the trial court shall remain intact and as they are to be awarded to the original claimants. To the aforesaid extent, First Appeals preferred by the appellants are hereby allowed. (D.N.Patel,J) FA/419/2008 JUDGMENT ***darji