PATEL JATHABHAI PUNAJBHAI Vs. NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) The appeals arise out of the third group of matters wherein a common judgment and order dated 7.8.2012 has been passed by the High Court of Gujarat at Ahmedabad, determining the compensation for agricultural land at the rate of Rs.60/- per sq.m. and for non-agricultural land at the rate of Rs.78/- per sq.m. situated at village Samalpati and Matarwadi of Taluka Patan acquired vide notification dated 23.5.1987 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for the purpose of campus of North Gujarat University. The modified notification under Section 4 had been issued on 13.8.1987. The award was passed on 21.9.1990 determining the price from Re.1/- to Rs.5/- per sq.m. On a reference being made under section 18 of the Act, the Reference Court determined the compensation at Rs.109.30 per sq.m. for the agricultural land and Rs.184/- per sq.m. for non-agricultural land. On appeal, the High Court has reduced the compensation, as aforesaid. Aggrieved thereby, the claimants have come up in appeals before us.

(2.) The main question for our consideration is : what would be the compensation to be awarded on the date of notification under section 4 of the Act.

(3.) It is not in dispute that around the land in question, development has already been made. Nearby to the land in question are colleges like Polytechnic, Arts, Science and Commerce. On the Eastern side of the land is the State Highway Deesa-Patan-Chanasma-Viramgam and on Southern side of the road is the road to enter Patan city. Railway station is also nearby. On the Western side in the nearby area are bus stand, T.V. relay centre, Telephone and telegraph head office.