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2016 DIGILAW 1516 (GUJ)

Deputy General Manager v. L. H. of Ganjeshbhai Amthbhai Prajapati

2016-07-27

A.S.SUPEHIA, M.R.SHAH

body2016
JUDGMENT : M.R. Shah, J. 1. As common question of law and facts arise in all these appeals and as such all these appeals are with respect to the lands acquired of Village Ola, Tal. Kalol, Dist. Gandhinagar, the same are heard together and decided and disposed of by this common judgment and order. 2. Feeling aggrieved and dissatisfied with the common judgment and award dated 25.07.2013 passed by the learned Reference Court in Land Acquisition Reference Case Nos. 614-615/2012, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. 351 : 50 per sq.mtr., for the lands acquired of Village Ola and for which notification under Section 4 of the Land Acquisition Act, 1894 (the Act) was published on 17.12.1999, the acquiring body-ONGC has preferred the present First Appeal Nos. 3330-3331/2014. 3. Feeling aggrieved and dissatisfied with the common judgment and award dated 02.05.2013 passed by the learned Reference Court in Land Acquisition Reference Case Nos. 556-557/2012, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. 393.40/- per sq.mtr., for the lands acquired of Village Ola and for which notification under Section 4 of the Act was published on 14.03.2001, the acquiring body-ONGC has preferred the present First Appeal Nos. 575-576/2014. The Original claimants have also preferred Cross-Objection Nos. 42-43/15 in the respective First Appeals. 4. Feeling aggrieved and dissatisfied with the common judgment and award dated 02.05.2013 passed by the learned Reference Court in Land Acquisition Reference Case Nos. 558-561/2012 & 563/12, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. 364.50/- per sq.mtr., for the lands acquired of Village Ola and for which notification under Section 4 of the Act was published on 17.12.1999, the acquiring body-ONGC has preferred the present First Appeal Nos. 577-580/2014 with First Appeal No. 582/2014. The Original claimants have also preferred Cross-Objection Nos. 50-53/15 in the respective First Appeals. 5. Feeling aggrieved and dissatisfied with the common judgment and award dated 02.05.2013 passed by the learned Reference Court in Land Acquisition Reference Case Nos. 693-694/2012, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. The Original claimants have also preferred Cross-Objection Nos. 50-53/15 in the respective First Appeals. 5. Feeling aggrieved and dissatisfied with the common judgment and award dated 02.05.2013 passed by the learned Reference Court in Land Acquisition Reference Case Nos. 693-694/2012, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. 351/- per sq.mtr., for the lands acquired of Village Ola and for which notification under Section 4 of the Act was published on 17.12.1999, the acquiring body-ONGC has preferred the present First Appeal Nos. 586-587/2014. The Original claimants have also preferred Cross-Objection Nos. 36-37/15 in the respective First Appeals. 6. Feeling aggrieved and dissatisfied of with the common judgment and award dated 10.05.2013 passed by learned Reference Court in Land Acquisition Reference Case Nos. 499-500/2012, by which the learned Reference Court has partly allowed the said references and has awarded compensation @ Rs. 351/- per sq.mtr., for the lands acquired of Village Ola and for which notification under Section 4 of the Act was published on 17.12.1999, the acquiring body-ONGC has preferred the present First Appeal Nos. 967-968/2014. 7. A chart showing the details of the respective first appeals/cross objections, Land Acquisition Reference Cases, date of publication of notification under Section 4 of the Land Acquisition Act, 1894 as well as compensation awarded by the learned Reference Court is as under:- FA Nos. LAR Case No Notification u/s. 4 published on Compensation awarded per sq.mtr. (in Rs) 3330-3331/14 614-615/12 17.12.1999 Rs. 351=50 575-576/14 with X-Obj. Nos. 42-43/15 556-557/12 14.03.2001 Rs. 393=40 577-580/14, 582/14 with X-Obj. Nos.50-53/15 IN F.A. Nos. 577-578/14, 580/14 & 582/14 558-561/12 & 563/12 17.12.1999 Rs. 364=50 586-587/14 with X-Obj. Nos. 36-37/15 693-694/12 17.12.1999 Rs. 351=00 967-968/14 499-500/12 17.12.1999 Rs. 351=00 8. Shri Ruturaj Meena, learned advocate, and Shri Vinay Bairagar, for M/s. Trivedi & Gupta, learned advocate have appeared on behalf of the acquiring body-ONGC in the respective matters, and Shri Shital Patel, for Mr. A.J. Patel, Mr. A.V. Prajapati, learned advocates have appeared on behalf of their respective original claimants and Mr. Rakesh Patel and Ms. Shruti Pathak, learned Assistant Government Pleaders have appeared on behalf of the respondent-State in the respective matters. 9. A.J. Patel, Mr. A.V. Prajapati, learned advocates have appeared on behalf of their respective original claimants and Mr. Rakesh Patel and Ms. Shruti Pathak, learned Assistant Government Pleaders have appeared on behalf of the respondent-State in the respective matters. 9. Learned advocates appearing on behalf of the acquiring body-ONGC have heavily relied upon the common judgment and order dated 27.07.2015 passed by the Division Bench of this Court in the case of Deputy General Manager v. Chudaji Sendhaji & Anr. in First Appeal No. 1632/2012 and other allied first appeals, with respect to the lands acquired of Village Pratappura, for which notification under Section 4 of the Act was published on 08.12.1996, in which the Division Bench of this Court has determined and awarded compensation of Rs. 176/- per sq.mtr. Learned advocates appearing for the acquiring body-ONGC have also relied upon the common judgment and order dated 08.07.2016 rendered by the Division Bench of this Court in the case of Oil and Natural Gas Corporation Ltd. v. Special Land Acquisition Officer & Anr., in First Appeal No. 931/2014 and allied matters, by which, with respect to the lands acquired of Village Dhamasana, for which notification under Section 4of the Act was published on 04.08.1999, the Division Bench of this Court has determined and awarded compensation @ Rs. 192/- per sq.mtr. Relying upon the aforesaid two decisions, with respect to the lands acquired of Village Pratappura and Dhamasana (the adjacent villages), it is requested by the learned advocates appearing on behalf of the acquiring body-ONGC to determine the compensation in the present cases and by adding 10% and/or decreasing 10%, looking to the time gap between the two notifications under Section 4 of the Act, it is requested to allow the present appeals. Learned advocates appearing on behalf of the acquiring body-ONGC have also relied upon the observations made by the Division Bench of this Court in the common judgment and order dated 04.05.2011 rendered in the case of State of Gujarat, Thru. Special Land Acquisition Officer & Anr. v. Thakor Madarji Amthaji & Anr., in First Appeal No. 1377/11 and other allied matters and has submitted that considering the fact that Kalol was in Nagarpalika area and was a town and Ola is a Village, as observed by the Division Bench of this Court, 30% is required to be deducted while determining the compensation of Village Ola. 10. v. Thakor Madarji Amthaji & Anr., in First Appeal No. 1377/11 and other allied matters and has submitted that considering the fact that Kalol was in Nagarpalika area and was a town and Ola is a Village, as observed by the Division Bench of this Court, 30% is required to be deducted while determining the compensation of Village Ola. 10. On the other hand, the learned advocates appearing on behalf of the original claimants have heavily relied upon the common judgment and order dated 15.06.2015 passed by the Division Bench of this Court in the case of General Manager v. Patel Manilal Harjivandas & Anr., rendered in First Appeal No. 3340/2010 and other allied first appeals, by which, with respect to the lands acquired of Kalol Town, for which notification under Section 4 of the Act was published on 30.01.1997, the Division Bench of this Court has confirmed the judgment and award passed by the learned Reference Court and awarded the compensation @ Rs. 281/- per sq.mtr. 11. Learned advocates appearing on behalf of the original claimants have vehemently submitted that the decisions, with respect to the lands acquired of Villages Pratappura and Dhamasana cannot be said to be comparable for determining the compensation awarded for Village Ola. It is submitted that Kalol is a town having full facilities and at Mahesana-Gandhinagar Highway and it is in Nagarpalika/Municipal area having more development than Villages Dahamasana and Pratappura. It is submitted that when decision in the case of the lands acquired for Kalol Town is available, the same can be taken as a basis and, therefore, it is requested to determine the compensation accordingly, relying upon the decision dated 15.06.2015 in the case of General Manager v. Patel Manilal Harjivandas (supra), rendered in First Appeal No. 3340/2010 and allied first appeals. Learned advocates appearing on behalf of the original claimants have submitted that as such Village Ola is just adjacent to Kalol Town and having a common boundary and as such it can be said to be part of Kalol Town and subsequently, Village Ola is included in the Town Planning Scheme of Kalol. Therefore, it is submitted that the lands acquired of Village Ola, having the same potentiality of the lands acquired of Kalol Town. 12. Heard the learned advocates appearing on behalf of the respective parties at length. Therefore, it is submitted that the lands acquired of Village Ola, having the same potentiality of the lands acquired of Kalol Town. 12. Heard the learned advocates appearing on behalf of the respective parties at length. We have perused the impugned judgment and award passed by the learned Reference Court. 13. At the outset it is required to be noted that in the present case, the learned advocates appearing on behalf of the acquiring body-ONGC have relied upon the decision of the Division Bench of this Court rendered in First Appeal No. 1632/2012 and the allied matters, with respect to the lands acquired of Village Pratappura and also the decision of the Division Bench of this Court rendered in First Appeal No. 931/2014 and the allied matters, with respect to the lands acquired of Village Dhamasana. On the other hand, the learned advocates appearing on behalf of the original claimants have heavily relied upon the decision of the Division Bench of this Court rendered in First Appeal No. 3340/2010 and other allied first appeals, with respect to the lands acquired of Kalol Town, for which notification under Section 4 of the Act was published on 30.01.1997 and the Division Bench has awarded compensation @ Rs. 281/- per sq.mtr. Considering the map on record it appears to us that Villages Pratappura and Dhamasana are far away from Kalol and Ola. On the contrary, Ola is just adjacent to Kalol Town and having a common boundary. Therefore, the decision of the Division Bench of this Court in First Appeal No. 3340/2010 and other allied first appeals, with respect to the lands acquired of Kalol, can be considered as comparable and can be taken as base for determining the compensation in the present case, with respect to the lands acquired of Village Ola. As observed hereinabove, Village Ola and Kalol Town have a common boundary and they are adjacent to each other. Therefore, as such by and large the lands acquired of Village Ola and Kalol can be said to have same potentiality. Therefore, the decisions of this Court with respect to the lands acquired of Villages Pratappura and Dhamasana may not be said to be comparable as sought to be contended on behalf of the acquiring body-ONGC. Therefore, as such by and large the lands acquired of Village Ola and Kalol can be said to have same potentiality. Therefore, the decisions of this Court with respect to the lands acquired of Villages Pratappura and Dhamasana may not be said to be comparable as sought to be contended on behalf of the acquiring body-ONGC. However, considering the observations made by the Division Bench of this Court in First Appeal No. 3340/2010 and the allied first appeals, Kalol was a Nagarpalika area and was a town and Ola is a Village in the Gram Panchayat, However, considering the fact that both are having a common boundary and even subsequently area of Village Ola has been included in the Town Planning Scheme, we are of the opinion that if 10% is reduced it will meet the end of justice and it can be said to be just compensation for the lands acquired. 14. In view of the above and for the reasons stated hereinabove, giving 10% rise per year between two Sec. 4 notifications, it is held the original claimants of the respective first appeals are entitled to the following compensation:- FA Nos. LAR Case No Compensation awarded per sq. mtr. (in Rs.) Entitled for compensation per sq. mtr. (in Rs.) 3330-3331/14 614-615/12 Rs. 351=50 Rs. 303=00 575-576/14 with X-Obj. Nos. 42-43/15 556-557/12 Rs. 393=40 Rs. 353=00 577-580/14, 582/14 with X-Obj. Nos. 50-531/15 IN F.A. Nos. 577-578/14, 580/14 & 582/14 558-561/12 & 563/12 Rs. 364=50 Rs. 303=00 586-587/14 with X-Obj. Nos. 36-37/15 693-694/12 Rs. 351=00 Rs. 303=00 967-968/14 499-500/12 Rs. 351=00 Rs. 303=00 15. Respective first appeals preferred by the acquiring body-ONGC are partly allowed to the aforesaid extent. The impugned common judgments and awards passed by the learned Reference Court passed in Land Acquisition Reference Case Nos. 614-615/2012, Nos. 556-557/2012, Nos. 558-561/2012 & 563/2012, Nos. 693-694/2012 and Nos. 499-500/2012 are hereby modified to the aforesaid extent. Consequently, the respective cross-objections preferred by the original claimants are dismissed. However, it is clarified that the original claimants shall be entitled to the aforesaid compensation along with all other statutory benefits, which would be available under the Act, including the benefits under Section 23(1) (A) of the Act, which is statutory. 499-500/2012 are hereby modified to the aforesaid extent. Consequently, the respective cross-objections preferred by the original claimants are dismissed. However, it is clarified that the original claimants shall be entitled to the aforesaid compensation along with all other statutory benefits, which would be available under the Act, including the benefits under Section 23(1) (A) of the Act, which is statutory. It is also clarified that the original claimants shall be entitled to interest under Section 28 of the Act for the lands acquired from the date of taking possession of the lands under Section 16 of the Act. 16. Accordingly, all the first appeals are partly allowed and the cross-objections filed in the respective first appeals are dismissed. 17. Record and proceedings of all the concerned matters be sent to the learned Reference Court forthwith.