SPECIAL LAND ACQUISITION OFFICER & 2 v. GAURISHANKAR DAYARAM PATEL
Case at a glance
Provisions considered
Judgment
HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SPECIAL LAND ACQUISITION OFFICER & 2 - Appellant(s) Versus GAURISHANKAR DAYARAM PATEL - Defendant(s) ========================================================= Appearance : MS TRUSHA PATEL AGP for Appellant(s) : 1 - 3. MR VC VAGHELA for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/08/2008 ORAL COMMON JUDGMENT
1.0. These appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act read with Section 96 CPC, challenging the common judgment FA/365420/2008 JUDGMENT and awards passed by the Reference Court under Section 18 of the said Act.
2.0. The lands in question were required for construction of Mahegam Distributory Naher for Narmada Yojna of Sardar Sarovar Narmada Nigam Ltd. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the “Act”] were initiated. Notification under Section 4 of the Act was published on 29th November, 1995 and declaration under Section 6 was published on 24th June, 1996. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 15th May, 1997.
2.
The respondents being dissatisfied with the quantum of compensation preferred an application to the Collector under Section 18 of the Act for making Reference to the Court for enhancement of the compensation. The learned trial Court by the aforesaid award enhanced the compensation with an additional amount of Rs.32.00 per sq.mtr. by judgment and award dated 12th September, 2007. The Special Land Acquisition Officer being aggrieved by the said award of the learned trial Court has filed these appeals under Section 54 of the Act. FA/365420/2008 JUDGMENT
3.0. Heard learned counsel for the respective parties. The learned trial Judge while passing the impugned award has relied upon the award passed in L.R. Case No. 1970/1998 and other allied matters whereby the learned trial Court had fixed the market value of the acquired lands at Rs.32.50 paise per sq.mtr. The said fact is established from the award which is produced at Exh. 17. Apart from that the lands acquired in the present case and the lands acquired in earlier L.A.R. No. 567/1998 and allied matters are adjacent to each other. Thus, when both the lands are comparable and adjoining to each other, the learned trial Court was justified in enhancing the impugned award.
4.0 In view of the above, the impugned award passed by the learned trial Court is just and proper and no interference is called for by this Court. The appeals are therefore, dismissed. No order as to costs. /phalguni/
[K.S. JHAVERI, J.]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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