SPL LAND ACQ OFFICER Vs. PATEL MAFABHAI HARIBHAI

JUDGEMENT

(1.) The present matters arise from the judgement and award dtd. 28/12/2017 passed by the learned Principal Senior Civil Judge, Mehsana in Land Acquisition Reference Case Nos.353, 355, 362, 368, 370, 371, 372, 378, 379, 381, 382 and 388 of 2013. The land reference cases emanate from the land acquired of village Heduva (Rajgar), Taluka Mehsana, Dist.Mehsana, by which the land acquisition body, for construction of Mehsana Bypass Highway. For which Sec. 4 notification under the provision of the Land Acquisition Act , 1894 (for short "the Act") was issued on 15/11/2008, Sec. 6 notification was published on 17/8/2009 and award under Sec. 11 of the Act was passed on 27/4/2010 in LAQ No.9 of 2008, whereby the appellant No.1 awarded the compensation for the acquired land at Rs.80.00 per sq.mtr. for the road touch land and Rs.66.00 for non-road touch land. The claimants demanded Rs.5,000.00 per sq.mtr. The Reference Court, after recording oral and documentary evidence, has awarded an additional amount of Rs.1,584.00 per sq.mtr. for non-road-touch land and Rs.2,065.00 per sq.mtr. for road touch land along with statutory benefits. Being aggrieved, the land acquiring body has filed the captioned first appeals, whereas the claimants have filed cross- objections seeking enhancement of the compensation.

(2.) Learned AGP appearing for the acquiring body has submitted that the Reference Court has fallen in error in not appreciating the report of the District Valuation Committee, Mehsana dtd. 17/1/2005 i.e. below Exh.43, which had determined the market value of village Nagalpur of Rs.1,100.00 per sq.mtr. as on 28/7/2003. It is submitted that the Special Land Acquisition Officer has precisely determined the amount of compensation, after selling the agricultural land and non-agricultural land of the said village however, the same is not appreciated by the Reference Court. Thus, it is submitted that the impugned judgement and award is required to be quashed and set aside.

(3.) Per contra, learned advocate Mr.Prajapati appearing for the claimants has submitted that in fact, a mistake has been committed by the Reference Court, while appreciating the report of the District Valuation Committee below Exh.43 of aforesaid non-agricultural land and instead of considering value of Rs.3,000.00 per sq.mtr., the Reference Court has considered the amount of Rs.2,200.00 per sq.mtr., which was never determined by the committee. He has submitted that the sale deed below Exh.44 and Exh.45 pertain to village Nagalpur, in which the market value of the land can be determined as Rs.3,000.00 per sq.mtr. as on 3/10/2007. By placing reliance on the map of Mehsana Taluka at Exh.46, he has submitted that village Heduva is almost 4 kms. away from Nagalpur village and accordingly, the amount of compensation is required to be re- determined and is required to be enhanced. Thus, he has submitted that the first appeals may be dismissed and cross-objections may be allowed.