DUDHIBEN BHAGWANBHAI ASODARIYA v. DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION IRRIGATION
2022-10-04
A.S.SUPEHIA
body2022
DigiLaw.ai
ORDER : 1. Mr. Utsav Parikh, learned advocate for the appellants has submitted that the issues raised in the aforementioned appeals are squarely covered the judgment dated 07.08.2018 passed by the Division Bench of this Hon’ble Court in First Appeal No. 2825 of 2012 and allied matters. 2. Mr. Parikh, learned advocate has submitted that so far as First Appeal Nos. 3705 of 2022 and 3757 of 2022 are concerned, Notification under Section 4 of the Land Acquisition Act issued on 15.04.2006 and for the period of 2 years, the Court has to determine the compensation before the Division Bench. Notification issued under Section 4 of the Act was issued in the group of appeals between 01.02.1996 to 06.06.1996 and 19.01.2004. He has further submitted that so far as First Appeal No. 3703 of 2022 is concerned, Notification under Section 4 of the Act was published on 19.01.2004 and so far as First Appeal No. 3760 of 2022 is concerned, Notification issued under Section 4 notification has been issued on 01.05.1996. It is submitted that the land acquired in the present Reference proceedings is of village Mangvapal Amarpur (Varudi), which was also the subject matter for consideration by the Division Bench. It is also submitted that very same irrigation project situated in Amreli Taluka, Amreli District in respect of lands acquired for the public purpose of Vadi Irrigation Project. He has further submitted that after considering the various appeals as finally determined the amount of compensation, which may be followed in the First Appeal. 3. Mr. Barot, learned AGP appearing on behalf of the respondent authorities has submitted that the acquiring body is unable to dispute that the Division Bench has already considered the issue of the land acquired in the aforesaid village which is the subject matter. However, he has further submitted that so far as First Appeal Nos. 3705 of 2022 and 3757 of 2022 are concerned, this Court may not enhance the market value. 4. Heard learned advocates for the respective parties. 5. It is not in dispute that for the village situated in Amreli Taluka and Amreli District in respect of land was acquired for the public purpose for Vadi Irrigation Project, for which, Notification under Section 4 of the Land Acquisition Act was published between 1st February, 1996 to 16th June, 1996 and on 19th January, 2004.
5. It is not in dispute that for the village situated in Amreli Taluka and Amreli District in respect of land was acquired for the public purpose for Vadi Irrigation Project, for which, Notification under Section 4 of the Land Acquisition Act was published between 1st February, 1996 to 16th June, 1996 and on 19th January, 2004. The Division Bench of this Court by way of First Appeals filed by the claimants in the same very village, delivered the judgment appreciating the oral as well as documentary evidence and observed and held in paragraphs 66, 67, 68 and 69, which is as under: “66. Insofar as First Appeals No. 2825 to 2359 of 2012 and First Appeals No. 229 of 2016 to 246 of 2016 are concerned, the notifications under section 4 of the Act have been issued on varying dates in the year 01.02.1996 to 16.06.1996. Considering the market value of the lands to be Rs. 50/- per square metre in the year 1993, the appellants would be entitled to an increase of 10% per annum for three years. The market of value of the lands would thus come to Rs. 50/- plus Rs. 15/- = Rs. 65/- per square metre for jirayat lands. For bagayat lands the market value is required to be computed at the rate of one and a half times the rate for jirayat lands. Accordingly, the market value of bagayat lands would come to Rs. 75.00/- plus Rs. 22.50 = Rs. 97.50 per square metre. 67. The Reference Court has awarded compensation at the rate of Rs. 20/- per square metre for jirayat land and Rs. 30/- per square metre for bagayat land. The appellants would therefore be entitled to additional compensation of Rs. 45/- per square metre (Rs. 65.00 - Rs. 20.00) for jirayat land and Rs. 67.50 per square metre (Rs. 97.50 - Rs. 30.00) for bagayat land. 68. Insofar as First Appeals No. 1546 of 2018 to 1550 of 2018, First Appeals No. 1552 of 2018 to 1559 of 2018 and First Appeal No. 1561 of 2018 are concerned, the notification under section 4 of the Act came to be published on 19.01.2004. Since this court has determined the market value of jirayat land at Rs. 65/- per square metre and Rs.
Since this court has determined the market value of jirayat land at Rs. 65/- per square metre and Rs. 97.50 per square metre for bagayat land in respect of village Mangvapal, wherein the notification under section 4 of the Act came to be issued on 1.2.1996, the court deems it fit to adopt the said market value as the basis for determining the market value in this group of appeals. Thus, adopting Rs. 65/- per square metre for jirayat land and Rs. 97.50 per square metre for bagayat land as the basis as on 1996, the appellants-claimants would be entitled to 10% increase per annum for eight years, that is, from 1996 to 2004. Accordingly, the market value of the lands would come to Rs. 117/- per square metre (Rs. 65 + Rs. 52) for jirayat land and Rs. 175.50 per square metre (Rs. 97.50 + Rs. 78) for bagayat land. 69. The Reference Court has awarded compensation at the rate of Rs. 20/- per square metre for jirayat land and Rs. 30/- square metre for bagayat land. The appellants would, therefore, be entitled to additional compensation at the rate of Rs. 97/- per square metre (Rs. 117.00 - Rs. 20/-) for jirayat land and Rs. 145.00 per square metre (Rs. 175.50 - Rs. 30.00) for bagayat land.” 5. In the present set of appeal being First Appeal No. 3703 of 2022, Notification under Section 4 of the Act was issued on 19th January, 2004 and in First Appeal No. 3760 of 2022, Notification under Section 4 of the Act was issued on 21st May, 1996 and in First Appeal No. 3705 of 2022 and First Appeal No. 3757 of 2022, Notification under Section 4 of the Act have been published on 15.04.2006. Accordingly, compensation and determination of the market values are required to be held. So far as First Appeal No. 3760 of 2022 is concerned, the same would be directly covered as per the observations made in para-66 in the aforesaid judgment shows that the said notification dated 21st May, 1996. Hence, the First Appeal is allowed in terms of observations made in Para 66 and the market value of the lands would comes to Rs. 50/- plus Rs. 15 = Rs. 65 per square meter for jirayat lands.
Hence, the First Appeal is allowed in terms of observations made in Para 66 and the market value of the lands would comes to Rs. 50/- plus Rs. 15 = Rs. 65 per square meter for jirayat lands. For bagayat lands the market value is required to be computed at the rate of one and a half times, the rate for jirayat lands. Accordingly, the market value of bagayat lands would come to Rs. 75.00/- plus Rs. 22.50 = Rs. 97.50 per square meter. 6. So far as after deduction of the impugned amount awarded by the Reference Court, the amount of compensation at the rate of Rs.20/- per square meter for jirayat land and Rs.30/ per square metere for bagayat land. The appellants would therefore be entitled to additional compensation of Rs.45/- per square meter (Rs. 65.00 - Rs. 20.00) for jirayat land and Rs. 67.50 per square metre (Rs. 97.50 - Rs. 30.00) for bagayat land. Accordingly, First Appeal No. 3760 is allowed. 7. So far as First Appeal No. 3703 of 2022 is concerned, wherein Notification under Section 4 of the Act was issued on 19th January, 2004 i.e. same as per the observations made in Para 68 of the Division Bench. Hence, market value of the land acquired which is subject matter of the present First Appeal No. 3703 of 2003 will govern by the observations made by the Division Bench. The total additional compensation is determined the market value of jirayat land at Rs. 65/- per square meter and Rs.97.50 per square meter for bagayat land in respect of village Mangvapal. 8. With regard to First Appeal No. 3705 of 2022 and 3757 of 2022 is concerned, Notification under Section 4 of the Act has been published on 15th April, 2006. Hence, Additional compensation, the market value is to be determined as per the observations made in Para 68. However, Notification is after issuance of 2 years which has been considered by the Division Bench which is in Para 68. The calculation of the said land which is subject matter of the present First Appeal Nos. 3705 and 3757 of 2022 is concerned, the same is below: The market value of the land considering 10% increased per annum for two years would be Rs. 14.04 per square meter (117+23.4) for jirayat land and Rs. 210.50 (175.50+35) for bagayat land.
The calculation of the said land which is subject matter of the present First Appeal Nos. 3705 and 3757 of 2022 is concerned, the same is below: The market value of the land considering 10% increased per annum for two years would be Rs. 14.04 per square meter (117+23.4) for jirayat land and Rs. 210.50 (175.50+35) for bagayat land. Therefore, the appellants would be entitled to additional compensation at the rate of Rs. 120.4/- per square meter (Rs. 140.4-20) for jirayat land and Rs. 180.50 (210.5-30) for bagayat land. 9. Accordingly, First Appeals are allowed to the aforesaid extent. The amount of compensation is determined by this Court shall be deposited before the Reference Court within a period of 3 months by the Acquiring Body and after deposition of such amount, the same shall be disbursed to the Appellants after due verification. 10. It is clarified that the aforesaid amount is not disbursed maximum period of 5 months from the order, the claimants would be entitled to further 6% interest over and above which has been awarded by the Reference Court as well as this Court. 11. Registry is directed to place a copy of this order in all the connected matters and send back tot he original record and proceedings to the Reference Court. Direct service is permitted.