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Gujarat High Court · body

2000 DIGILAW 686 (GUJ)

ADDITIONAL SPECIAL LAND ACQUISITION OFFICER,ahmedabad v. POPATLAL GHELABHAI PATEL

2000-08-11

C.K.BUCH, M.H.KADRI

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C. K. BUCH, J. ( 1 ) APPELLANTS have filed these appeals under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the "act") read with sec. 96 of the Civil Procedure Code, 1908, against common judgment and award dated 17-12-1997, rendered by the learned Reference Court of City of Ahmedabad in Land Reference Cases Nos. 1 to 27 of 1992. As common questions of facts and law arise for our consideration, we propose to dispose of all these appeals by this common judgment. ( 2 ) ALL the 27 Land References were made by the original land-property holders before the Additional Spl. Land Acq. Officer under Sec. 18 of the Act. These references were referred to the City Civil Court, Ahmedabad. Lands along with superstructure there on in most of the reference cases were acquired for the purpose of construction of "express Highway "under one and same notification. Reference Court, therefore, consolidated all the reference cases and parties had led common, oral as well as documentary evidence in Land Ref. Case No. 1 of 1992. On appreciation of the oral as well as documentary evidence, reference Court held that compensation awarded by the Land Acq. Officer for lands as well as superstructure there on is inadequate and land owners were entitled to higher amount of compensation. Reference Court, therefore, vide common judgment and award dated 17-12-1997, awarded additional compensation for lands at the rate of Rs. 260/- per sq. mt. , against an amount of Rs. 40/- per sq. mt. , awarded by the Land Acq. Officer and also awarded additional amount of compensation qua superstructure as per the report of one Mr. Rami, an expert, examined by the applicants, after deducting 20% from the amount shown in the report of Mr. Rami. In two Land Ref. Cases i. e. Land. Ref. Case Nos. 14 of 1992 and 22 of 1992, the claim advanced for enhancement of compensation qua superstructure, was dismissed. ( 3 ) UNDISPUTEDLY, lands are situated on the outskirt of City of Ahmedabad and are within the limits of Ahmedabad Municipal Corporation. There is no dispute as to the ownership of the property or measurements shown in the acquisition proceedings including the award drawn by the Land Acq. Officer under Sec. 11 of the Act. ( 3 ) UNDISPUTEDLY, lands are situated on the outskirt of City of Ahmedabad and are within the limits of Ahmedabad Municipal Corporation. There is no dispute as to the ownership of the property or measurements shown in the acquisition proceedings including the award drawn by the Land Acq. Officer under Sec. 11 of the Act. ( 4 ) BASIC facts of the reference cases, in nutshell, reveal that the lands along with superstructure there on were put under acquisition for "express Highway" by notification issued under Sec. 4 (1) of the Act on 29-1-1989. Declaration under Sec. 6 of the Act was made which was published on 19-8-1989. Before publication of declaration under Sec. 6 of the Act, all the formalities under sec. 5 of the Act etc. were complied with by the Land Acq. Officer and after following due procedure prescribed under Sec. 9 etc. , of the Act, award was drawn by the Land Acq. Officer on 2-11-1991, and market price of the acquired land was offered at the rate of Rs. 40/- per sq. mt. , and compensation qua superstructure was offered as per the report given by the P. W. D. Engineer. Before awarding amount of compensation. Land Acq. Officer had obtained opinion of the Civil Engineer of the department concerned and that opinion was considered as final. We would like to mention details of different claims for the sake of convenience, on the strength of figures given by the Land Acq. Officer. It is, however, clarified that these details are reproduced by us on the strength of the details reflected in para-2 of the impugned judgment, which are as under :-