BHIKHUBHAI KEDARBHAI PATEL Vs. DEPUTY COLLECTOR MODASA

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the judgment and order dated 15th October, 1984 passed by the learned Assistant Judge, Sabarkantha, at Himmatnagar, in Land Reference Cases Nos. 495/ 84 and others, the claimants have preferred these appeals. Statement showing the details and particulars of First Appeals and Land Reference Cases is as under : (See table on next page)

(2.) In the present case, the lands are acquired for the Western Railway, for the scheme "Nadiad-Kapadwanj-Modesa Railway Line". Notification dated 12th January, 1980 under Section 4 of the Land Acquisition Act ('the Act' for short), was published in the Government Gazette on 17th May, 1980. Notification under Section 6 of the Act was issued on 11th December, 1980. The Deputy Collector, Modasa, by his award dated 30th June, 1983, awarded compensation at the rate of Rs. 3.50 to Rs.10.25 Ps. per sq. mtr. Against that award, the claimants had preferred the aforesaid Land Reference Cases before the District Judge, Himmatnagar.

(3.) In all these references, the learned Judge has arrived at the conclusion that, considering the potentiality of the lands, the price of the acquired lands could be fixed at the rate of Rs. 20/ - per sq. mtr (Rs. 2000/- per Area). It is also observed that, though the lands under acquisition are agricultural lands, considering the fact that they are situated in a <FRM>JUDGEMENT_16_AIR(GUJ)_1996Html1.htm</FRM> developed area, and their location, market rate of the lands under acquisition could be fixed at Rs. 200/ - per Area. For arriving at the aforesaid conclusion, the learned Judge has relied upon the sale instances of Survey Nos. 454 and 456 cited by the acquiring body and sale instance of survey No. 389 cited by the claimants. After considering the said sale instances, the learned Judge has arrived at the following conclusion :