KALUBHAI KHATUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals, by special leave, are at the instance of affected landowners. Their lands were acquired for the Vadodara Branch Canal of Narmada Project (hereafter "the project", for short). Exception is taken by the appellants to the common judgment and order dtd. 28/3/2012 passed by a learned Judge of the Gujarat High Court whereby six appeals (First Appeal Nos.4383 to 4388 of 2008) carried by the State of Gujarat and two of its officers under sec. 54 of the Land Acquisition Act, 1894 (hereafter "the Act", for short) from a judgment and award dtd. 10/5/2007 of the Reference Court were allowed. As a consequence, the award under sec. 11 of the Act stood restored and compensation for the acquired lands as awarded by the Reference Court to the appellants stood reduced by exactly half.

(2.) It is not in dispute that lands comprised, inter alia, in villages Morlipura, Kumetha and Nimeta of Waghodia taluka, district Vadodara were acquired for the project commencing with notifications issued under sec. 4 of the Act on diverse dates. The hiatus between issuance of the sec. 4 notifications for villages Morlipura and Kumetha was not too substantial. Whereas the lands of the appellants situated in village Morlipura were acquired pursuant to sec. 4 notification dtd. 26/6/1986 giving rise to L.A.Q. Case No. 86 of 1985, the process for acquisition of lands in village Kumetha was triggered by a notification dtd. 16/1/1986 which, in turn, gave rise to L.A.Q. Case No. 85 of 1985. However, the date of the sec. 4 notification for acquisition lands in village Nimeta happens to be 18/6/1981, which led to L.A.Q. Case No. Nimeta/81 being registered.

(3.) Insofar as the lands of the appellants are concerned, award dtd. 26/11/1987 was made by the Land Acquisition Officer (hereafter "LAO", for short). In awarding compensation payable to the appellants, the LAO calculated the market value of their lands @ Rs.19,000.00 per hectare (i.e., Rs.1.90 per square meter). Reference having been sought by the appellants under sec. 18 of the Act, Land Reference Case Nos. 120 to 122 and 125 to 127 of 1991 were registered. The Reference Court by its judgment and award dtd. 10/5/2007 enhanced the amount of compensation by returning a finding that market value of the land should have been reckoned as Rs.4,00,000.00 per hectare (i.e., Rs.40.00 per square meter). In so determining, the Reference Court relied on the award of the Reference Court dtd. 18/8/2004 in Reference Case Nos. 499 to 550 of 1990 (Ext.29). Incidentally, there the sec. 4 notification was issued on 20/8/1986 and the lands sought to be acquired were comprised in village Dumad. Also, the purpose of acquisition was different, viz. for construction of highway and not for the project. Aggrieved by the determination made by the Reference Court, the State carried the same in appeals before the High Court which succeeded as noted above.