Naranbhai Mohanbhai Patel v. Special Land Aquasition Officer
2011-04-08
J.C.UPADHYAYA
body2011
DigiLaw.ai
Judgment J.C. Upadhyaya, J.—These appeals arise out of the common impugned judgment and award dated 6.2.2001 rendered by learned Extra Assistant Judge, Mehsana in LAR No. 1837 of 1995 and other group matters. 2. The appellant of FA No. 3354 of 2006 had filed the LAR case No. 1837 of 1995, the appellant of FA No. 3355 of 2006 had filed the LAR Case No. 1839 of 1995, the appellant of FA No. 3356 of 2006 had filed LAR No. 1840 of 1995, the appellant of FA No. 3357 of 2006 had filed LAR No. 1841 of 1995 and appellant of FA No. 3358 of 2006 had filed LAR No. 2109 of 1996. The reference Court in the impugned judgment and award determined the additional amount of compensation @ Rs. 24 per sq.mtr. In the said case, the Special Land Acquisition Officer had offered compensation @ Rs. 2.70 ps.per sq.mtr. Thus, according to the reference Court, the just and fair amount of market values of the lands of the appellants – claimants was Rs. 26.70 per sq.mtr. 3. Certain agricultural lands of the claimants situated in the outskirts of village Pirojpur, Taluka Kadi, Distt. Mehsana, detailed in Paragraph 4 in the impugned judgment and award, were proposed to be acquired for public purpose of Narmada Project Viramgam Branch. The notification under Section 4 of the Land Acquisition Act (‘the Act’, for short) came to be published on 23.8.1992 and the notification under Section 6 of the Act came to be published on 8.10.1993. The Special Land Acquisition Officer conducted inquiry in LAQ Case No. 55 of 1992 to determine the just and fair amount of compensation and delivered the award under Section 11 of the Act on dated 25.4.1994 and offered Rs. 2.70 ps.per sq.mtr. The original claimants, including the appellants – claimants felt that the amount offered to them by way of compensation was very less and inadequate and, therefore, they applied for references, and in the references, they claimed compensation @ Rs. 50/- per sq.mtr. Since all the reference cases arose out of common award passed by the Land Acquisition Officer under Section 11 of the Act in LAQ Case No. 55 of 1992, the reference Court consolidated all these reference cases and common evidence was recorded.
50/- per sq.mtr. Since all the reference cases arose out of common award passed by the Land Acquisition Officer under Section 11 of the Act in LAQ Case No. 55 of 1992, the reference Court consolidated all these reference cases and common evidence was recorded. Before the reference Court, oral evidence was adduced as well as from Exhs.25 to 28, previous awards regarding the acquisition of lands of different villages, namely Karannagar, Nani Kadi, Rangpura and Borisana came to be produced. Alongwith such evidence, a map at Exh.29, came to be produced, to show that the boundaries of these village are adjacent to boundaries of village Pirojpur. The reference Court considering the oral and documentary evidence on record in the form of previous awards passed by the reference Court, came to the conclusion that the claimants were entitled to recover just and fair amount of compensation at the additional rate of Rs. 24 per sq.mtr. The original claimants in the above-referred five land reference cases felt that the amount awarded by the reference Court was again very insufficient and meagre and, therefore, filed these appeals. 4. Mr. Patel, ld. Advocate for the appellants – original claimants submitted that the judgment and award rendered by the reference Court is contrary to law and facts on record. It is submitted that the reference Court erred in properly appreciating the evidence in the form of previous awards produced by the claimants. My attention was drawn to the previous award, Exh.25 produced before the reference Court pertaining to the acquisition of lands of village Karannagar. It is submitted that in LAR Case Nos. 549 to 559 of 1998, the reference Court awarded additional amount of compensation regarding the acquisition of lands of village Karannagar @ Rs. 36 per sq.mtr. In the said case, the notification under Section 4 of the Act was published on 1.8.1991 and in the said case, the Special Land Acquisition Officer had offered compensation @ 3.90 per sq.mtr., meaning thereby that the reference Court fixed the market value of the compensation of the lands of village Karannagar @ Rs. 39.90 ps.per sq.mtr. Mr. Patel, ld.advocate for the appellants submitted that Pirojpur lands were acquired in connection with one another group of land reference cases, namely, LAR Case Nos.
39.90 ps.per sq.mtr. Mr. Patel, ld.advocate for the appellants submitted that Pirojpur lands were acquired in connection with one another group of land reference cases, namely, LAR Case Nos. 273 to 277 of 1994, wherein the notification under Section 4 of the Act was published on 22.4.1991 whereby the Special Land Acquisition Officer had awarded compensation @ Rs. 2.70 ps.per sq.mtr. The claimants of village Pirojpur preferred those reference cases and the reference Court awarded the additional amount of compensation @ Rs. 21.30 ps.per sq.mtr. It is, therefore, submitted that for the identical public purpose, the lands of village Pirojpur itself came to be acquired and the reference Court fixed the amount of compensation at market value @ Rs. 26.70 ps.per sq.mtr. However, the claimants of the lands of village Pirojpur felt that even the amount awarded by way of compensation by the reference Court was less and, therefore, they preferred FA No. 1140 of 2004 and other allied appeals and this Court vide common judgment and order dated 24.2.2011 partly allowed the appeal and fixed the market value of the lands of village Pirojpur itself @ Rs. 40 per sq.mtr. It is, therefore, submitted that even if the earlier award passed by the reference Court regarding the lands of village Karannagar (Exh.25 produced before the reference Court) or the common judgment and order rendered by this Court on 24.2.2011 in FA No. 1140 of 2004 and other allied appeals is considered, in either way, the appellants herein are entitled to recover just and fair amount of compensation @ Rs. 40 per sq.mtr. 4.1 Mr. Patel, ld.advocate for the appellants drew my attention to Paragraph 6 in the operative part in the impugned judgment and award and submitted that though the reference Court granted statutory additional amounts under Section 23(1A) as well as 23(2) of the Act, but no interest was granted under Section 28 of the Act on those statutory additional amounts. Mr. Patel, ld.
Mr. Patel, ld. Advocate for the appellants relied upon a case of Sunder vs. Union of India reported in 2001 (3) GLH 446 and submitted that in the said case, the Apex Court has categorically held that such statutory additional amounts are integral part of the compensation and the claimants are entitled to recover the interest as contemplated under Section 28 of the Act, not only on the amount of compensation determined on the basis of market value of the land, but even they are entitled to recover interest on such statutory increases. 5. Per contra, Ms. Shachi Mathur, ld. AGP for the respondents vehemently opposed these appeals and submitted that the reference Court after considering the previous awards of the different villages, produced before it, rightly appreciated the evidence in its true perspective and the reference Court took into consideration the relevant factors, namely, potentiality and fertility of the lands of the appellants – claimants, awarded the additional amount of compensation @ Rs. 24 per sq.mtr. It is, therefore, submitted that there is no reason whatsoever to interfere with the impugned judgment and award rendered by the reference Court and all these appeals deserve dismissal. 6. The bare perusal of the impugned judgment and award rendered by the reference Court reveals that the lands of the appellants – claimants came to be acquired for public purpose of Narmada Project Viramgam Branch. The lands of the appellants were situated in the outskirts of village Pirojpur. There is also no dispute that notification under Section 4 of the Act was published on dated 23.8.1992 and the notification under Section 6 of the Act was published on 8.10.1993. The Special Land Acquisition Officer offered compensation under Section 11 of the Act @ Rs. 2.70 ps.per sq.mtr., the reference Court relying upon the previous awards, came to the conclusion that the just and fair amount of compensation should be Rs. 26.70 ps.per sq.mtr., inclusive of the amount awarded by the Special Land Acquisition Officer. 7. Now, the reference Court relied upon the previous award, Exh.25 pertaining to the lands of village Karannagar rendered on dated 9.8.2000. In that matter, the notification under Section 4 of the Act was published on 1.8.1991, the Special Land Acquisition Officer had offered compensation @ Rs. 3.90 ps.per sq.mtr. The reference Court by common judgment and award dated 9.8.2000 rendered in LAR Case Nos.
In that matter, the notification under Section 4 of the Act was published on 1.8.1991, the Special Land Acquisition Officer had offered compensation @ Rs. 3.90 ps.per sq.mtr. The reference Court by common judgment and award dated 9.8.2000 rendered in LAR Case Nos. 549 to 559 of 1998 fixed additional amount of compensation @ Rs. 36 per sq.mtr. Thus, regarding the lands of village Karannagar, by comparable award, Exh.25, the reference Court had fixed the market value of the lands @ Rs. 39.90 ps.per sq.mtr., inclusive of the amount already awarded by the Special Land Acquisition Officer. The reference Court further observed that considering the map, Exh.29, the boundaries of village Pirojpur and village Karannagar are adjacent to each other and virtually it is a common boundary. In the impugned judgment and award, despite the fact that the reference Court considered said award, Exh.25 pertaining to the lands of village Karannagar as base, yet, no reasons are assigned in the impugned judgment and order as to why in the instant case, the appellants – claimants were entitled to recover less amount by way of compensation than what was awarded to the claimants in the comparable award, Exh.25 pertaining to the lands of village Karannagar. 8. Over and above this, Mr. Patel, ld. Advocate for the appellants passed on a copy of judgment and order rendered by this Court on 24.2.2011 in FA No. 1140 of 2004 and other allied appeals and perusing said judgment and order, it transpires that in said appeal, the original claimants of LAR Case Nos. 273 to 277 of 1994 had preferred those appeals for enhancement of amount of compensation. Perusing said common judgment, it further transpires that in that case, certain agricultural lands of those claimants, situated in the outskirts of village Pirojpur itself were acquired. In the said matter, the notification under Section 4 of the Act was published on 22.4.1991, the Special Land Acquisition Officer offered compensation @ Rs. 2.70 ps.per sq.mtr., The reference Court by judgment and award dated 15.1.2002, awarded additional amount of compensation @ Rs. 21.30 per sq.mtr., and accordingly, the reference Court fixed the market value of the lands of village Pirojpur @ Rs. 24 per sq.mtr.
2.70 ps.per sq.mtr., The reference Court by judgment and award dated 15.1.2002, awarded additional amount of compensation @ Rs. 21.30 per sq.mtr., and accordingly, the reference Court fixed the market value of the lands of village Pirojpur @ Rs. 24 per sq.mtr. This Court, in the above judgment and more particularly considering Paragraph 8 in the said judgment took into consideration the comparable awards, which came to be produced before the reference Court of different villages, including village Karannagar, Exh.14 as well as the copy of judgment delivered by this Court in FA Nos. 682 to 694 of 2000, copy whereof was produced before the Court at Exh.35 partly allowed said appeals and fixed the market value of the lands of village Pirojpur at Rs. 40 per sq.mtr., inclusive of the amount awarded by the Special Land Acquisition Officer. 9. Thus, considering the comparable award pertaining to the lands of village Karannagar produced before the reference Court at Exh.25, the reference Court by judgment and award dated 9.8.2000 determined just and fair amount of compensation at the market rate of Rs. 36.90 ps.per sq.mtr. In said case, the notification under Section 4 of the Act was published on dated 1.8.1991 whereas in the instant case, the said notification was published on dated 23.8.1992 and, therefore, there was a time gap of one year between the dates of publication of the notification and even considering 10% p.a. rise in the value of the land, in the instant case, it can safely be said that the claimants could have claimed just and fair amount of compensation @ Rs. 44 per sq.mtr. 10. Over and above this, even if it is believed that the previous award, Exh.25 regarding the acquisition of lands of village Karannagar, cannot form base for fixing just and fair amount of compensation of the lands of village Pirojpur, then considering the judgment and order dated 24.2.2011 passed by this Court in FA No. 1140 of 2004 and other allied appeals, it clearly transpires that regarding the lands of village Pirojpur, this Court determined the amount of compensation at the market rate of Rs. 40 per sq.mtr. In that matter, the notification under Section 4 of the Act was published on dated 22.4.1991, whereas in the instant case, the notification under Section 4 of the Act was published on 23.8.1992.
40 per sq.mtr. In that matter, the notification under Section 4 of the Act was published on dated 22.4.1991, whereas in the instant case, the notification under Section 4 of the Act was published on 23.8.1992. Thus, there is a time gap of one year, and as stated above, considering the appreciation of value in the land @ 10% p.a., even in the instant case, the claimants can claim compensation at the market rate at Rs. 44 per sq.mtr. 11. In the above view of the matter, this Court is of the opinion that the amount awarded by the reference Court is less and inadequate. Considering the comparable award, Exh.25 pertaining to the lands of village Karannagar as well as considering the above referred judgment and order rendered by this Court on 24.2.2011 in FA No. 1140 of 2004 and allied appeals, pertaining to the lands of village Pirojpur itself, this Court is of the opinion that the appeals deserve to be partly allowed and the market value of the lands acquired belonging to the appellants – claimants, situated in the outskirts of village Pirojpur, should be fixed at the market rate of Rs. 40 per sq.mtr. It is further pertinent to note that the reference Court in the impugned judgment and award declined to grant interest as contemplated under Section 28 of the Act on the statutory increases, namely, 12% interest p.a. as contemplated under Section 23(1A) of the Act and 30% solatium as provided under Section 23(3) of the Act. Considering the case of Sunder vs. Union of India reported in 2001(3) GLH, 446 it transpires that before the Hon’ble the Apex Court, the identical issue had arisen and Hon’ble the Apex Court examining relevant provisions of the Act in detail, held that such statutory additions form an integral and statutory part of the compensation awarded to a land owner and, therefore, it was further observed that all plain term of Section 28 of the Act would be evident that the interest is payable on the compensation awarded and not merely on the market value of the land. When such is the situation, this Court is of the opinion that the reference Court erred in not granting interest as contemplated under Section 28 of the Act on the statutory increases as provided under Section 23(1A) and Section 23(2) of the Act. 12.
When such is the situation, this Court is of the opinion that the reference Court erred in not granting interest as contemplated under Section 28 of the Act on the statutory increases as provided under Section 23(1A) and Section 23(2) of the Act. 12. For the foregoing reasons, all these appeals are partly allowed. The impugned judgment and award dated 6.2.2001 passed by learned Extra Asst. Judge, Mehsana in LAR Case No. 1837 of 1995 and other allied reference cases, out of which these appeals have arisen, is hereby modified. It is hereby ordered that the appellants – claimants are entitled to just and fair amount of compensation pertaining to their lands acquired @ Rs. 40 per sq.mtr. The amount already awarded by way of compensation by the Special Land Acquisition Officer as well as by the reference Court shall have to be deducted. It is further directed that the appellants – claimants are entitled to running interest as contemplated under Section 28 of the Act on the compensation awarded as well as on the statutory additional amount provided under Section 23(1A) and Section 23(2) of the Act. There shall be no order as to costs. P P P P P