ARVINDBHAI BHAGABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CIVIL APPEAL NOS. 9061-9110 OF 2011 We have heard learned counsel for the parties.

(2.) Land acquisition proceedings were initiated by issuance of notification under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as 'Act') on 26.08.2004, followed by declaration dated 12.01.2005 under Section 6 of the Act. The Land Acquisition Officer passed Award under Section 11 of the Act, determining the compensation at the rate of Rs. 25 per square meter. The land owners sought reference under Section 18 of the Act. They claimed compensation at the rate of Rs. 800 per square meter. They relied upon the report of the District Valuation Committee, Gandhinagar, for the Village Mansa fixing the rate at Rs. 815 per square meter. They also relied upon the Award in the case of land acquisition for which notification under Section 4 had been issued on 14.10.1999; compensation was determined at the rate of Rs. 431 per square meter, for the land acquired for the purpose of a drill site to be set up by Oil and Natural Gas Corporation (ONGC), at a distance of 2 km in the same village. Reliance was also placed by the land owners on the valuation report by the Government Registered Valuer determining the rate at Rs. 700 per square meter for the land, and at Rs. 800 per square meter for the land with fruit bearing trees. Land owners, as well as other parties, adduced the evidence before the Reference Court.

(3.) The Reference Court, relying upon the Award passed in the case of land acquisition for the purpose of ONGC, awarded compensation giving 10 per cent increase, w.e.f. 1999, till the date of notification issued in this case on 26.08.2004, and worked out the compensation at the rate of Rs. 646.50. However, it reduced the same to Rs. 585. As Rs. 25 had been awarded by Land Acquisition Collector, that amount too was reduced. The final amount payable, over and above the determination made by the Land Acquisition Collector, was fixed at Rs. 560 per square meter. Aggrieved thereby, the State Government preferred appeals in the High Court. The appeals have been allowed in part. The High Court has relied upon the Award with respect to village Sargasan in which, the land had been acquired by issuance of notification under Section 4 in the year 1993. The value was determined in the Award at the rate of Rs. 231 per square meter. The High Court has granted a 10 per cent flat increase for 11 years to determine the compensation in the instant case, and worked out the figure at Rs. 485. Applying 30 per cent cut, the High Court determined the compensation at Rs. 339. 10 per cent addition has been made to work out the figure at Rs. 373. From the amount of land at Rs. 373, Rs. 25 has been deducted; as such, the figure has been worked out at Rs. 348 per square meter. Hence, the land owners are in appeal.