STATE OF GUJARAT Vs. BHAILALBHAI BAPUBHAI ADATIYA

JUDGEMENT

(1.) The present Appeals are filed under sec. 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against the common judgment and award dtd. 1/7/1999 passed under sec. 18 of the Act by the learned Assistant Judge, Amreli in Land Reference Case No. 39 of 1997 with another Land Reference Case No. 47 of 1997. The land situated at village Giriya, Tal. & Dist. Amreli have been acquired for public purpose of "Thebi Irrigation Project" by the State of Gujarat. The notification regarding the same was published in the daily newspaper - 'Gujarat Samachar' and 'Nutan Saurashtra' on 10/3/1995 and the same was notified in the Government Gazette on 14/4/1995 and the same was affixed on the concerned placed at Amreli on 17/5/1995 and notification under sec. 6 was published in the daily newspaper - 'Jai Hind' and 'Nutan Saurashtra' on 14/8/1995 and 13/8/1995 respectively and the same was notified in the Government Gazette on 28/7/1995 and the same was affixed on the concerned place at Amreli on 3/11/1995. The acquiring lands belong to all the claimants for "Thebi Irrigation Project". The description of the land which is under acquisition are mentioned in the respective land reference cases. The land was compulsorily acquired for the public purpose and the possession was taken by the State. Therefore, notices under sec. 9 of the Land Acquisition Act were served upon the interested persons and the claims were consolidated by the Special Land Acquisition Officer and he has published his award for the compensation on 13/1/1997 and the Special Land Acquisition Officer has awarded compensation at the rate of Rs.800.00 per Are for Jirayat Land and Rs.1200.00 per Are for Bagayat Land. Being aggrieved and dissatisfied with the award passed by the Special Land Acquisition Officer the claimants have raised the dispute as contemplated under sec. 18 of the Land Acquisition Act which were referred to District Court, Amreli and the same came to be registered as Land Reference Case No. 39 of 1997 and Land Reference Case No. 47 of 1997. The Reference Court passed an order of consolidation of all the reference cases considering the Land Reference Case No. 39 of 1997 as the main reference case. The Reference Court after hearing the parties concerned vide judgment and award dtd. 1/7/1999, partly allowed both the reference cases and ordered to pay Rs.300.00 per sq.mtr. to the claimants of Land Reference Case No. 39 of 1997 and Land Reference Case No. 47 of 1997. Being aggrieved and dissatisfied with the judgment and award passed by the learned Assistant Judge, Amreli on 1/7/1999 the State has preferred the present Appeals under sec. 54 of the Act.

(2.) The relevant factual aspect relating to the aforesaid land references are enumerated as under:-

(3.) Heard Mr. Manan Mehta, learned Assistant Government Pleader for the appellant and Mr. C. P. Chaniyara, learned advocate for the original claimants - respondents herein. Mr. Mehta, learned AGP relying upon the judgment of the Apex Court in the case of Deputy Collector, Land Acquisition, Gujarat & Anr. (supra) and as well as the judgment rendered in the First Appeal No. 6802 of 1998 to First Appeal No. 6807 of 1998 by this Court on 23/8/2011 in the matter of State of Gujarat V.s Shambhubhai Vallabhbhai Kabaria and Ors. has submitted that the lands under acquisition would fall under Group-II as per the aforesaid judgment of the Hon'ble Apex Court and therefore, respondents - original claimants would be entitled to additional compensation lesser than which is awarded by the learned Reference Court. He has submitted that as the land of the respondents are agricultural land and therefore respondents are entitled to get Rs.160.00 per sq. mtrs. for the agricultural land as per the judgment of the Hon'ble Apex Court. It was further submitted that even in the case of lands which are covered under the aforesaid judgments are in the same vicinity of village Giriya have been awarded lesser amount. Mr. Mehta, learned AGP as well as Mr. Chaniyara, learned advocate for the claimants have relied upon a sketch which was produced during the course of hearing in order to contend that as per the contention of Mr. Mehta, learned AGP that all the survey number of the near vicinity would fall within Group-II and he has contended that as per the judgment of Hon'ble Apex Court the lands which are situated at Village Giriya and which are away from Amreli would fall under Group-II. Therefore, it was contended that all the lands of the respondents herein would fall under Group-II and are entitled to compensation at Rs.160.00 per sq. mtrs. only. It was further pointed out that the lands which are inward in the reference cases are agricultural land. However, the Reference Court has wrongly considered and treated as if they are non-agricultural lands. Hence. Mr. Mehta, learned AGP has submitted that the judgment and order passed by the learned Reference Court is bad in law and also erroneous on facts and therefore he prays to allow the First Appeal by reducing the amount awarded by the learned Reference Court to the extend of Rs.160.00 per sq. mtrs.