VILUBEN JHALEJAR CONTRACTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Government of Gujarat issued a notification under Section 4(1) of the Land Acquisition Act (the Act) for acquisition of lands situated in the town Santrampur which would have come under submergence of water released from Kadana Jalagar Yojna due to water logging at Kadana Dam. A declaration in terms of Section 6 was made on 13th October, 1980. In response to the notification issued to the claimants under Section 9 of the Act, compensation at the rate of Rs. 40/ - per square feet for the acquired lands was claimed. Compensation ranging from Rs. 35/ - to Rs. 60/ - per square meter was offered by the Land Acquisition Officer in terms of an award dated 16th March, 1982 under Section 11 of.the Act. An application for reference was filed by the claimants under Section 18 of the Act requiring the Land Acquisition Officer to refer the matter relating to determination of the market value of the acquired lands to the Civil Court. Before the Reference Court, the claimants initially claimed compensation at the rate of Rs. 200 per square meter which was subsequently enhanced to Rs. 250/ - per square meter. By a judgment and order dated 16th April, 1996, the learned district Judge allowed the reference application filed by the claimants determining the market value at the rate of Rs. 225/ - per square meter. The State of Gujarat preferred an appeal thereagainst in the High Court of Gujarat which was marked as first appeal no.5041/96. A Division Bench of the High Court by a judgment and order dated 11th May, 1999 allowed the said appeal and remitted the matter to the Reference Court on the premise that the deed of sale whereupon the. claimants relied upon had not been proved in accordance with law. Before the District Court, upon remand parties adduced evidence.

(2.) The Reference Court relying on or on the basis of a deed of sale dated 15th December, 1978 (exhibit 145), whereunder a piece of land measuring 46.30 square meters situated at Godhra Bhagal was sold and other evidences brought on records came to the conclusion that the lands under acquisition would have fetched at least Rs. 200/ - per square meter. The Reference Court was further of the opinion that the claimants were furthermore to incur development charges which would have varied between 33% to 53% and on the basis thereof determined the market value at the rate of Rs. 134 per square meter.

(3.) Furthermore, the Reference Court extended the statutory benefits of solatium in terms of Section 23(2) of the Act as well as interest thereon in terms of Section 28 thereof. Both the parties preferred appeals thereagainst before the High Court of Gujarat.