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2018 DIGILAW 239 (GUJ)

EXECUTIVE ENGINEER v. PATEL LAXMANBHAI JETHABHAI

2018-01-24

A.Y.KOGJE, AKIL KURESHI

body2018
JUDGMENT : (MR.JUSTICE AKIL KURESHI, J.) 1. These appeals are filed by the Land Acquisition Officer and the acquiring body challenging an award of the reference Court dated 08.07.2014. 2. Brief facts are as under. 3. The appellants required private lands for public purpose of laying down construction of canal as part of Sujlam Suflam Irrigation Scheme. For acquiring various parcels of agricultural land belonging to the land owners of village : Matpur, Taluka : Patan, notification under section 4(1) of the Land Acquisition Act, 1894, was published on 08.12.2005. Notification under section 6 was published on 24.06.2006. The Land Acquisition Officer passed his award under section 11 of the Act on 20.07.2006 granting compensation to the land owners at the rate of Rs.17.40 per sq.mtr. The claimants aggrieved by such award, sought references before the Civil Court. The reference Court by its impugned judgment and award, enhanced the compensation for the land acquired by Rs.275/per sq.mtr. In other words, the reference Court assessed the market value of the land as on the notification under section 4(1) of the Act at Rs.292.40 per sq.mtr. The acquiring body has therefore filed these appeals challenging such valuation. 4. We have heard learned advocates for the parties and perused documents on record. The reference Court has relied on an award in case of lands of village : Ruvavi which were also acquired for the same purpose. The fact that the villages : Ruvavi and Matpur are adjacent to each other was never in dispute before the reference Court. In case of Ruvavi acquisition, notification under section 4 of the Act was published on 19.07.2004. The Land Acquisition Officer awarded compensation at the rate of Rs.10 per sq.mtr. in his award. In the reference at the instance of the claimants, the reference Court granted additional compensation at the rate of Rs.247/per sq.mtr. The award in case of lands of village: Ruvavi was relied upon and placed before the reference Court in the present case. 5. This was the only comparable instance cited by the claimants. Though the claimants had claimed before the reference Court that by doing agricultural operations on the acquired lands, the agriculturists used to earn sizable income, no supporting material was produced. The reference Court therefore based its conclusions on the sole comparable instance of the acquisition. 5. This was the only comparable instance cited by the claimants. Though the claimants had claimed before the reference Court that by doing agricultural operations on the acquired lands, the agriculturists used to earn sizable income, no supporting material was produced. The reference Court therefore based its conclusions on the sole comparable instance of the acquisition. For the passage of time between the two notifications under section 4 of the Act, the reference Court granted escalation in value of land at 10% per annum. Looking to the difference of one year and four and a half months between the two acquisitions, the reference Court granted a total increase of 14% over the land value assessed in case of Ruvavi village. That is how the reference Court decided to award additional compensation at the rate of Rs.275 per sq.mtr. 6. We see no error in the view of the learned Judge. Firstly, it is by now well settled that awards of recent past of acquisition of lands situated in the same vicinity would provide comparable instances and guidance for the Courts to assess the market value of the land. Secondly, the two villages are situated adjacent to each other and the lands under acquisition therefore are not far apart. Thirdly, the acquisition in case of Ruvavi village which has been made base for awarding compensation in the present cases, was a recent instance of acquisition of the land for the same purpose for which the present lands are acquired. Lastly, counsel for the claimants point out that for other lands of village:Matpur, for which notification under section 4 of the Act was published on 21.07.2004, the reference Court had applied the award in case of lands of Ruvavi village granting same compensation which award the Government has accepted without appeal. 7. On such grounds, all appeals are dismissed. R & P to be transmitted back to the reference Court. We are informed that the appellants have deposited the compensation with attendant benefits before the reference Court. Such amount or the remainder of the amount which had been withdrawn by the claimants, may be released in their favour without any further delay.