PATEL SENDHABHAI DHANJIBHAI Vs. SPECIAL LAND ACQUISTION OFFICER

JUDGEMENT

(1.) All these First Appeals arise out of judgment and award dtd. 10/4/2017 passed by learned 5 th Additional Senior Civil Judge, Mahesana, in Land Acquisition Reference Case No.1403 of 2011 and allied cases. By the impugned judgment and award, the Reference Court has awarded compensation of Rs.459.50 per sq.mtr. for the land acquired by the acquiring body of Village-Dediyasan, for which Notification under Sec. 4 Notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for the sake of brevity) was issued on 25/7/2008 and Sec. 6 Notification was issued on 12/1/2009. Being aggrieved by the award of Rs.49.00 per sq.mtr. awarded by the Special Land Acquisition Officer vide award dtd. 27/10/2012, claimants filed reference proceedings, which has culminated into the impugned judgment and award. The impugned judgment and award is also challenged by the State authorities by filing First Appeals.

(2.) At the outset, learned advocate, Mr.Prajapati appearing for the appellants-claimants has submitted that though the evidence in the form of Valuation Report of the District Valuation Committee, Exh.43, dtd. 17/1/2005 was produced by the claimants, Reference Court has ignored the same. He has submitted that the District Valuation Committee has fixed Rs.3,000.00 per sq.mtr. as on 8/10/2004, for the land of Village- Nagalpur, which shares common boundary with Village- Dediyasan, and it is the best example to be taken for determining the compensation, however, Reference Court ignored the same.

(3.) Per contra, learned AGP appearing for the acquiring body has submitted that the impugned judgment and award passed by the Reference Court does not require any interference since Reference Court has precisely relied upon the evidence of Exh.48, which pertains to the allotment of land for housing and commercial plots of Mehsana-II Industrial Estate, and considering the value of the plot in Mehsana GIDC, Reference Court has properly considered the market value of the land at Rs.1,500.00 per sq.mtr. and after considering the distance and size of the plot, Reference Court has deducted 10% and determined the value of the land at Rs.1350.00 per sq.mtr. looking to the allotment date of 12/2/2009. Thus, it is submitted that due to difference in issuance of Notification under Sec. 4 of the Act in the present case, Reference Court has precisely determined the market value at Rs.1271.00 per sq.mtr. and further deducted 60% of the amount qua non- agricultural factor and development charges. It is submitted that after considering and appreciating the evidence on record, Reference Court has precisely determined the market value at Rs.508.00 per sq.mtr. and, thus, same does not require any interference.