STATE OF GUJARAT Vs. DILIPSINH BALDEVJI CHAVDA

JUDGEMENT

(1.) THE short facts of the case in group of First Appeal Nos. 1388 of 2010 to 1392 of 2010 appear to be that the lands in question located at village Padhariya were acquired under the Land Acquisition Act, 1894 [hereafter to be referred to as the Act]. Notification under Section 4 of the Act was published on 3.7.2004 and the notification under Section 6 of the Act was published on 26.8.2004. THE award was passed on 24.9.2004 and the compensation awarded was at Rs. 13/- per sq.mt.

(2.) THE land owners had raised a dispute under Section 18 of the Act which came to be referred to the Reference Court for adjudication. Demand of Rs. 500/- per sq.mt. was made by the claimants for compensation. THE Reference Court, after the adjudication has awarded compensation at Rs.230/- per sq.mt. It is under these circumstances, the present appeal before this Court. So far as the First Appeal No. 1172/11 is concerned, facts are same except that the notification under Section 4 of the Act was dated 24.6.04. We have heard Ms. Thakkar, learned AGP appearing for the appellant in all the matters and Mr. Jigar Gadhvi and Mr. A.V. Prajapati, appearing for the respondents-claimants in the respective matters.

(3.) THE other sale instance relied upon by the claimants is to be found at Ex.17, which relates to sale of Government land to Umiya Kadva Patidar Trust. Exhibit 17 further shows that the Collector passed an order in this regard on October 16, 1998 and the market value of the land admeasuring 186 sq.mts. of part of Survey No.1245 of village Modhera, Taluka: Becharaji, was determined at the rate of Rs.160/- per sq.mt. On re-appreciation of evidence on the record, this Court finds that the notification under Section 4(1) of the Act in the instant case was published in the official gazette on July 27, 1995, whereas the sale instance at Ex.17 regarding allotment of Government land to Umiya Kadva Patidar Trust was effected after publication of said notification and therefore, post notification instance should not be taken into consideration while determining the market value of the lands acquired as it is common knowledge that the prices of lands in the vicinity would escalate after the notification under Section 4(1) of the Act is published.