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2011 DIGILAW 136 (GUJ)

Balusing Chandersing v. Officer on Special Duty No. 2

2011-02-28

B.M.TRIVEDI, JAYANT PATEL

body2011
Judgment Ms. B.M. Trivedi, J.—Both these appeals arise out of the common award dated 19th November 1992 made by the learned Second Extra Assistant Judge, Himatnagar (hereinafter referred to as ‘the Reference Court’) in Land Reference Case No. 1070 of 1987 and Land Reference Case No. 10 of 1990. 2. Heard learned Advocate Shri G.M.Amin for the appellants and learned A.G.P. for the respondents. 3. The First Appeal No. 2918 of 1993 has been preferred by the appellant (original claimant) in respect of Land Reference Case No. 1070 of 1987, whereas, First Appeal No. 2919 of 1993 has been preferred by the appellants (original claimants) in respect of Land Reference Case No. 10 of 1990. It is pertinent to note that the Officer on Special Duty No. 2, Land Acquisition, Respondent No. 1 herein had also preferred the First Appeal No. 2191 of 1993 and First Appeal No. 2192 of 1993 before this Court challenging the said award made by the Reference Court in the above mentioned two Reference Cases and the said two appeals were dismissed by this Court (Coram: C.K. Thakker and Y.B. Bhatt, J.J.) vide common order dated 21st September 1993. 4. Having regard to the record and proceedings, it transpires that the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as ‘the Act’) for the acquisition of the land in question was published in the Government Gazette on 2nd November 1978 and notification under Section 6 of the Act was published on 26th October 1981 and that the award was passed by the Officer on Special Duty No. 2, Respondent No. 1 herein, on 17th April 1986, awarding compensation to the claimants at Rs. 10 per sq. mtr. Being aggrieved by the said award, the claimants had applied for making reference under Section 18 of the Act and accordingly the above mentioned Reference Cases came to be filed before the Reference Court. The Reference Court, considering the evidence on record and the judgments passed in Land Reference Case No. 144 of 1986 and Land Reference Case No. 145 of 1986, partly allowed the Reference Cases by awarding compensation at Rs. 15/- per sq. mtr. by the impugned award dated 19th November 1992. 5. The appellants in the instant case have urged to award compensation at Rs. 30/- per sq. mtr. instead of Rs. 15/- per sq. mtr. 15/- per sq. mtr. by the impugned award dated 19th November 1992. 5. The appellants in the instant case have urged to award compensation at Rs. 30/- per sq. mtr. instead of Rs. 15/- per sq. mtr. However, this Court, in the First Appeal No. 2191 of 1993 and First Appeal No. 2192 of 1993 arising out of the same award of Reference Court, has confirmed the said compensation awarded by the Reference Court at Rs. 15/- per sq. mtr. This Court in the said two appeals had relied upon the price fixed by the Reference Court on the basis of the award made in the Reference Cases Nos. 144 of 1986 and 145 of 1986 by holding that if the land was covered by the same notification and situated in the same locality, the same should not be valued differently. Thus, the award under challenge made by the Reference Court having already been upheld by this Court in First Appeals Nos. 2191 of 1993 and 2192 of 1993, and Shri Amin, learned advocate for the appellants, having failed to point out any error in the award made by the Reference Court, it is required to be held that the compensation awarded by the Reference Court at Rs. 15/- per sq. mtr. is just and proper and does not call for any interference of this Court. 6. In above view of the matter, the First Appeal No. 2918 of 1993 and First Appeal No. 2919 of 1993, being dehors of merits, deserve to be dismissed and are accordingly dismissed with no order as to costs. P P P P P