VITTHALBHAI BAKORBHAI DEAD Vs. EXECUTIVE ENGINEER CAPITAL PROJECT

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) These appeals by special leave arise from various judgments of Gujarat High Court. Facts in first of them, viz., C. A. @ S. L. P. (C) No. 24953/95 directed against First Appeal No. 704/94 would be sufficient for disposal of all the appeals. The High Court determined the compensation at the rate of Rs. 50/- per sq. meter (after giving due deductions). Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on July 7, 1983. The Land Acquisition Officer determined compensation between Rs. 20/- and Rs. 24/- per sq. meter. On reference under Section 18, Civil Court fixed it between Rs. 94 and Rs. 110 per sq. meter. On appeal under Section 54 the High Court reduced the compensation to Rs. 50/- per sq. meter. The lands in this case are situated in Vavol Village which is now part of different sectors of Gandhi Nagar. The lands are in Sector 4. The High Court has pointed that though Sector 4 was under-developed area as stated by the reference Court, the plots of land under sale are situate in developed area, their claim for compensation @ Rs. 300/- per sq. meter cannot be accepted. The High Court relied upon the yield of the income after taking into consideration all the attendant circumstances and more particularly the location of the land, its proximity to developed area and the existing potentials of its use etc. and applying the multiplier of 10, determined the compensation at the rate of Rs. 50/- per sq. meter. Shri Bhatt, learned senior counsel has contended that when the lands are situated in developing area and plots in developed area were already sold after sloughing at the rate of Rs. 330/- per sq. meter after giving due deduction, the determination of the compensation at the rate of Rs. 50/- is inadequate. He also contended that for the same land in the same village acquired by notification dated January 29, 1978 market value was determined at the rate of Rs. 80/- per sq. meter which was allowed to become final. The appellants are entitled at least to that rate. He further contended that by virtue of another notification dated February 18, 1981 in respect of lands situated at close proximity of 300 meters to the lands covered in the present notification dated January 15, 1978, the appellants are entitled to compensation at the rate of least Rs. 80/-. It is contended by Smt. H. Wahi, learned counsel for respondents that the High Court has considered all the relevant facts of the case and taken a pragmatic view in determining the compensation. The view arrived at by the High Court cannot be said to be incorrect compensation. When the High Court had determined compensation at the rate of Rs. 50/- per sq. meter for the acquisition of 1983 for the lands covered by acquisition of 1981 cannot be higher than the rate of Rs. 50/- per sq. meter though there is no evidence as to under what circumstances the appeal against the award dated January 29, 1978 had come to become final. It cannot be a ground to further enhance the compensation to the land when the Court, on the relevant evidence, had adjudged the reasonable compensation and determined the market value at Rs. 50/- per sq. meter.