EXECUTIVE ENGINEER & 1 v. VALI MUSA MOHMAD

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 ? ========================================================= EXECUTIVE ENGINEER & 1 - Appellant(s) Versus VALI MUSA MOHMAD - Defendant(s) ========================================================= Appearance : MR SUNIT SHAH GP with MR JK SHAH AGP for Appellant(s) : 1 - 2. MR JAYESH PATEL for MR AJ PATEL for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 18/09/2008 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/349320/2006 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 Distributory Canal of Khanpur. 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 9th February, 1995 and declaration under Section 6 of the Act was published on 30th November, 1995. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 23rd April, 1997.

2.1. 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.20.85.00 per sq.mtr. by judgment and award dated 31st January, 2005. 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.

3.0. Heard learned counsel for the respective FA/349320/2006 JUDGMENT parties. The learned trial Judge while passing the impugned award had relied upon LAR No. 460/1991 whereby, the trial Court has awarded compensation at Rs.1080/- per Are. However, the award passed in L.A.R. 460/1991 has not been challenged in appeal, meaning thereby, it has attained finality. Apart from that there is a difference of 6 years between the two Notification issued under Section 4 of the Act. 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. R & P to the sent back to the trial Court concerned forthwith. [K.S. JHAVERI, J.] /phalguni/