PATEL MAHENDRABHAI SHAKRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals are filed under Section 54 of the Land Acquisition Act, 1854 read with Section 96 of the Code of Civil Procedure challenging the legality and validity of the impugned judgment and decree dated 31.03.2016 passed in Land Acquisition Reference Case Nos.792 of 2010 and 782 of 2010 by the learned Principal Senior Civil Judge, Modasa.

(2.) The case of the appellants is that the land belonging to the appellants of Village Aakrund, Taluka Dhansura, came to be acquired under the provisions of the Land Acquisition Act, (hereinafter referred to as the "Act") for public purpose of 'Sujlam Safalam Spreading Canal' and in that context, a Notification under Section 4 of the Act came to be issued on 22.11.2004 and declaration under Section 6 of the Act also made to be published on 11.03.2005. The land acquisition officer declared an award on 29.06.2005 awarding compensation for an amount of Rs.8/­ per sq.mtr. i.e. Rs.800/­ per Are, which was found to be very meager. As a result of this, the land references along with other land owners came to be submitted by the present appellants under Section 18 of the Act and the relevant references of the present appellants came to be registered as LAR Nos.792 of 2010 and 782 of 2010 for claiming an amount of Rs.492/­ per sq.mtr. The Reference Court after examining the material on record was pleased to enhance the amount of compensation and ordered to pay as per the rate of Rs.125/­ per sq.mtr., by way of additional compensation and thereby, the present appellants' cases are also decided by granting the aforesaid amount by the impugned award dated 31.03.2016 and it is this impugned award which is made the subject matter of the present first appeals before this Court.

(3.) Learned advocate Mr. Manish Shah appearing on behalf of the appellants - original claimants has submitted that the lands which have been acquired is a nearby place of Village Khilodiya, in which First Appeals have been preferred against the original award and the said appeals were registered as First Appeal No. 1334 of 2015 to First Appeal No. 1338 of 2015 wherein, the cases were remanded back to reconsider the cases based on the award which has been passed in adjacent villages. As a result of this, the remand case was then considered and the appellants had relied upon the award previously passed in LAR No. 831 of 2010 and by producing the same before the Reference Court, it was contended that Village Khilodiya is a nearby place just 3 kms., away from the acquired land and against the said order, in past with respect to that land, the Government has not preferred any appeal further. Learned advocate Mr. Shah has further relied upon the decision of the Division Bench of this Court delivered in First Appeal No. 946 of 2014 and allied matters and has submitted that looking to the proximity of the area, same amount is to be awarded in cases of the present appellants also. It was pointed out that the land in question has been acquired for this very object for which other adjacent land is acquired and it has been pointed out that the judgment and award dated 13.10.2014, this Court has enhanced the amount of compensation to pay Rs.210/­ per sq.mtr. While canvassing the submission, learned advocate Mr. Shah has further submitted that in so far as the lands which are situated in village Aakrund 5 is concerned, it is the fast developing area, surrounded by educational institution, surrounded by Agricultural Produce Market Committee and there is a huge quarry mining operation in Village Dhansura and Vadagam. Hence, the land which has been acquired has got its own significance and potential value. With respect to Village Khilodiya, the amount of compensation is determined at Rs.204/­ for non irrigated land and this amount has not been challenged by the respondent - State and, therefore, since the land belonging to the appellants is also adjacent, there is hardly any reason to deviate.