GOVIND RAMJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of law and facts arise in these group of appeals and they arise out of common judgment and award passed by the learned Reference Court, they are being disposed of by this Court by common judgment and order.

(2.) ALL these First Appeals under Section 54 of the Land Acquisition Act r/w Section 96 of the Code of Civil Procedure arise out of the impugned common judgment and award passed by the learned Reference Court dated 30.4.1991 passed in Land Reference Case Nos.27 of 1984 to 39 of 1984 by which the learned Reference Court has partly allowed the said reference awarding compensation for the acquired lands at Rs. 125 per Are for non-irrigated and Rs.215 per Are for irrigated lands with consequentlial statutory benefits.

(3.) HEARD the learned advocates for the respective parties at length. It is not in dispute that Section 4 of Notification with respect to acquire land came to be issued on 11.2.1982 and the necessary corrigendum was issued on 4.9.1982. The Land Acquisition Officer declared the award under Section 11 of the Act and awarded Rs.60 per Are for non irrigated land and Rs.70 per Are for irrigated land. In the reference under Section 18 of the Act the claimants relied upon sale instance at Exh.34 dated 26.3.1980 by which non irrigated land of the same village was purchased by witness Bhikha Nathu at the rate of Rs.182 per Are. No other evidence oral and/ or documentary adduced by the Special Land Acquisition Officer. Therefore, there is no reason not to consider the sale instance produced at Exh.34 dated 26.3.1980 while considering the market value of the lands in question. As stated hereinabove, even the learned Assistant Government Pleader is also not in a position to dispute the above. Despite the above, the Reference Court has determined the market value of non irrigated lands at Rs.125 per Are and Rs.215 per Are of irrigated land and has awarded compensation to the claimants accordingly. As such no reasons have been assigned by the learned Reference Court to determine the market value of Rs.125 per Are of non irrigated lands and Rs. 215 per Are for irrigated land. It is to be noted that the sale instance at Exh.34 was dated 26.3.1980 and Section 4 of Notification for the acquired land in question has been issued in February 1982. Thus, considering 10% rise per year, the market value of the acquired land in question is required to be determined. Accordingly, the fair market value of the non-irrigated land would come to approximately Rs.280 per Are. Considering the decision of the Hon'ble Supreme Court in the case of Lucknow Development Authority (Supra) while determining the market value of irrigated land 1/3rd of market value of non-irrigated land can be added. Thus, while determining the fair market value of the irrigated land being superior to the non irrigated land, 33% of the excess compensation over and above the market value of non irrigating land is to be considered. Considered the above and taking sale instance at Exh.34 dated 26.3.1980 by which non irrigated land was sold at the rate of Rs.182 per Are and considering the fact that the lands in question are acquired in the year 1982 i.e. after a period of two years giving 10% per rise, market value of non irrigated land in the year 1982 can be considered at Rs.218 per Are. Adding 33% more with respect to irrigated lands comes to approximately Rs.250. Thus, the learned Reference Court has materially erred in holding the market value of irrigated land at Rs.215 per Are and for non-irrigated land at Rs.250 per Are. Considering the above, it appears to the Court that the market value of the acquired land can be safely determined at Rs.215 per Are for non irrigated land and , Rs. 250 per Are for irrigated land and respective claimants are entitled to compensation accordingly and present appeals are allowed to the aforesaid extent.