TOWN PLANNER Vs. BHIMJIBHAI KHODABHAI PATEL

JUDGEMENT

(1.) By these appeals under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") read with section 96 of the Code of Civil Procedure, the same judgment and award is challenged. First Appeal No. 306 of 2011 is filed by the Town Planner, Surat Municipal Corporation, the acquiring body and First Appeal No. 1409 of 2011 is filed by the original owner. The same set of evidence is considered by the Tribunal and therefore, both the appeals are heard together and disposed of by this common judgment and order.

(2.) The following facts emerge from the record of these appeals ? 2.1 The land bearing Final Plot No. 274 of Town Planning Scheme No. 4, Navagam, Taluka Choriyasi, Dist Surat has been acquired for the purpose of road and parking by the Surat Municipal Corporation. The notification under section 4 was issued on 23.10.1992 and declaration under section 6 came to be issued on 14.10.1993. The said proceedings under the Act culminated into an award dated 19.10.1995 passed by the Special Land Acquisition Officer under section 11(1) of the Act. The Land Acquisition Officer determined the market value of the land in question at Rs. 250/? per sq. mtr. It is also noteworthy that the original land owner Bhimjibhai Khodabhai Patel, the appellant of First Appeal No.1409 of 2011 purchased the land in question from its original owner by registered sale deed dated 14.10.1991 for a total sale consideration of Rs. 14,71,000/?. The record indicates that the appellant of First Appeal No.1409 of 2011 did not inform the authority about the transfer in his favour and that he had also filed Special Civil Application being SCA No. 7890 of 1994 before this Court and also filed further appeal being SLP No.11074 of 1994 before the Apex Court. The record indicates that the award dated 19.10.1995 records the name of the original owner Acharya Mahaprabhu Goswami 108. The record also further indicates that the compensation was also paid to Shri Bhimjibhai Khodabhai Patel in the name of the original owner.

(3.) Heard Mr. Kaushal Pandya, learned advocate for the Surat Municipal Corporation, Mr. Tirthraj Pandya, learned AGP for the Special Land Acquisition Officer and Mr. Tejas Satta and Mr. Jayesh Patel, learned advocates for the original owner. We have also perused the original record and proceedings.