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2022 DIGILAW 1250 (GUJ)

Ramjibhai Haribhai v. Deputy Collector

2022-10-07

NISHA M.THAKORE, SONIA GOKANI

body2022
JUDGMENT : (Nisha M. Thakore, J.) 1. This group of appeals are filed by the original claimants under Section 54 of the Land Acquisition Act, 1894 r/w Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and award dated 30.01.2018 passed by the learned Principal Senior Civil Judge, Amreli in group of Land Reference Case Nos. 154 of 1999 and allied matters. 2. The learned Principal Senior Civil Judge has recorded the common evidence of aforesaid Land Acquisition Cases and has treated the Land Reference Case No.154 of 1999 as lead case. 3. The brief facts leading to the filing of the present appeals as pleaded by the original claimants are briefly summarized as under: 3.1. The Executive Engineer, Irrigation Department, Amreli intended to acquire the various lands situated at the outskirts of village Venivadar of Amreli Taluka for the purpose of “Vadi Irrigation Project”, for which, a proposal was sent to the State of Gujarat. Considering the proposal, the State of Gujarat had accordingly issued Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act”) on 5.7.1996 followed by Notification under Section 6 of the Act, which came to be published in the Government Gazette on 1.7.1997 and was published thereafter in the daily newspapers. The lands proposed to be acquired under the said project were mentioned in the aforesaid Notification since the lands were required for the public purpose, the Notification under Section 9 of the Act came to be served upon the interested parties. 3.2. The Land Acquisition Officer of the aforesaid Reference Cases proceeded to determine the rate of the lands acquired whereby he awarded compensation at the rate of Rs.1050/- per Are (Rs.10.50 per sq mtr) for Bagayat Land and Rs.700/- per Are (Rs.7.0 per sq mtrs) for Jirayat Land. 3.3. The appellants-original claimants being dissatisfied with the aforesaid award passed by the Land Acquisition Officer preferred Land Reference Case under Section 18 of the Act. 3.3. The appellants-original claimants being dissatisfied with the aforesaid award passed by the Land Acquisition Officer preferred Land Reference Case under Section 18 of the Act. The Principal grievance which was agitated by the original claimants was that the Land Acquisition Officer had failed to take into consideration the prevailing market rate at the relevant time of Notification issued under Section 4 of the said Act and had submitted that the Land Acquisition Officer had undervalued the market value of the lands without considering the development being made by the applicants on such lands, which were used for agricultural purpose. Thus, the original claimants have prayed for compensation at the rate of Rs.400/- per sq mtrs for their acquired lands. The claimants have also claimed additional amount of compensation at the rate of 12% as per provisions of Section 23(1-A) and had also claimed solatium at the rate of 30% on such market value and the admissible interest as per the provisions of the Land Acquisition Act. The Land Reference Cases were registered as LAR Nos. 155 of 1999 to 164 of 1999 before the learned Principal Senior Civil Judge, Amreli. 4. Notices were duly served upon the opponents and written statement filed vide Exh.9 objecting to grant an additional compensation as prayed for by the original claimants. The Reference Court upon considering the pleadings of the original claimants and the defence raised by the opponent framed the issues vide Exh.10, which reads thus: “1.Whether the compensation awarded by the special land Acquisition officer is not fair and adequate ? If yes. 2. What additional compensation the claimant’s are entitled to ? 3. What order ?” After considering the submissions made by the learned advocates appearing on behalf of the respective parties and upon appreciation of the evidence which has come on record as well as the authorities which were relied upon by the respective parties, the learned Principal Senior Civil Judge proceeded to determine the actual market value of the lands so acquired. The Reference Court noted that the Land Acquisition Officer has determined the price of Rs.1050/- per Are for Bagayat Land and Rs.700/- per Are for Jirayat Land, against which, the claimants have raised objections and has prays to consider the amount of Rs.240/- per sq mtrs as per the price which was determined in the case of Chital-Rajkot bypass lands which were acquired in Thebi Irrigation Project. The Court looked into the evidence adduced by one of the Claimant viz. Shri Ramjibhai Haribhai who has been examined vide Exh.40 has submitted that they are entitled to get Rs.400/- per sq mtrs by way of additional compensation as their lands are comparatively more fertile and irrigated lands. The Reference Court noted that in case of lands which were acquired by the Government of Gujarat in Chittal-Rajkot bypass project Thebi Irrigation Project against the award passed by the Land Acquisition Officer, the agriculturist have preferred Land Reference Case Nos. 80 of 1997 to 85 of 1997 wherein the Court had awarded compensation at the rate of Rs.240/- per sq mtrs, against which, the opponents have preferred First Appeal before this Court being First Appeal Nos. 18 of 2002 to 23 of 2002. The Reference Court further notice that the aforesaid appeals filed by the opponents came to be dismissed by this Court on 28.1.2002 thereby confirming the judgment and award passed by the learned Assistant Judge, Amreli whereby award amount was fixed at the rate of Rs.240/- per sq mtrs. The Reference Court further notice that the SLP preferred by the opponent being SLP No.733 to 738 of 2003 came to be rejected by the Hon’ble Supreme Court vide judgment and order dated 24.1.2003, thus confirming the compensation at Rs.240/- per sq mtrs. The Court upon appreciation of the evidence which has come on record that claimants have failed to produce any documentary evidence to establish their claim as regard the source of income derived from the agricultural produce, the other circumstantial evidence in nature of developed lands with regard to facilities of hospital, school, college, ST Depot, Railway Station etc. insofar as Venivadar village is concerned. Thus, in absence of any cogent and material evidence with regard to the aforesaid factors, the Reference Court restricted the award compensation at the rate of Rs.240/- per sq mtrs as compared to the amount claimed at the rate of Rs.400/- per sq mtrs. insofar as Venivadar village is concerned. Thus, in absence of any cogent and material evidence with regard to the aforesaid factors, the Reference Court restricted the award compensation at the rate of Rs.240/- per sq mtrs as compared to the amount claimed at the rate of Rs.400/- per sq mtrs. The Reference Court also took into consideration the location of the acquired lands and on appreciation of the evidence led in form of nature of map (Exh.100) and deposition of Shri Mukesh Chauhan (Exh.99). The Reference Court arrived at a finding that market value of the developed and undeveloped area is concerned, it is quite different and therefore, the same has not been taken into consideration. The Court notice that all the acquired lands in the present case were situated in rural area which was far away from the developed area of Amreli Town. In such circumstances, the Reference Court found that the market value of land at the rate of Rs.240/- per sq mtrs is just and proper, thereby, rejecting the claim of the land owners to award compensation at the rate of Rs.400/- per sq mtrs. Being aggrieved and dissatisfied with the aforesaid judgment and award dated 30.01.2018 passed by the learned Principal Senior Civil Judge, Amreli in the aforesaid Land Reference Cases, the original claimants are before this Court by way of these appeals. 5. The original claimants have approached this Court belatedly with a delay of 500 days, for which, separate Civil Application were filed seeking condonation of such delay, which has been caused in filing these appeals. This Court by common order dated 12.3.2020 had condoned the delay and the present appeals came to be registered. 6. We have heard Mr.Vivan T Shah, learned advocate for the appellants and Ms. Dhwani Tripathi, learned Assistant Government Pleader for the respondent State authority. This Court vide order dated 4.8.2020 had admitted the aforesaid appeals and the appeals were fixed for final hearing. 7. Mr.Shah, learned advocate for the appellants has invited the attention of this Court to the facts of the case and has submitted that the lands so acquired are situated in village Venivadar, District Amreli. He further submitted that Section 4 Notification came to be issued on 5.7.1996 followed by Section 6 Notification, which was published in the Government Gazette on 5.7.1997. He further submitted that Section 4 Notification came to be issued on 5.7.1996 followed by Section 6 Notification, which was published in the Government Gazette on 5.7.1997. He further submitted that initially the Land Acquisition Officer had awarded compensation at the rate of Rs.10.50 per sq mtrs for Bagayat Land and Rs.7 per sq mtrs for Jirayat Land while passing the award under Section 11 of the Act. The original claimants being aggrieved and dissatisfied with the aforesaid order had approached the learned Principal Senior Civil Judge, Amreli by filing application under Section 18 of the Act seeking additional compensation at the rate of Rs.400/- per sq mtrs along with other statutory benefits. However, the Reference Court without appreciating the location of the lands and its potentiality had proceeded to grant additional compensation at meager rate of an amount of Rs.30/- per sq mtrs for Bagayat land and Rs.20/- per sq mtrs for Jirayat land, which as per claimants was undervalued as compared to the market price prevailing on the date of issuance of Notification under Section 24 of the Act. He further submitted that the Reference Court has failed to exercise its powers while determining the compensation for acquired lands, more particularly, parameters provided under Section 23 of the Act. He further invited attention of this Court to the judgment dated 7.8.2018 passed by the Coordinate Bench in a group of appeals being First Appeal No.2825 of 2012 and allied matters arising out of common judgment and award dated 31.03.2012 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Case Nos. 68 of 1999 and allied matters wherein this Court has allowed the appeals by determining the market value of lands at the rate of Rs.97.50 per sq mtrs for Bagayat land and Rs.65/- per sq mtrs for Jirayat Land. He invited the attention of this Court to the case of the said case and submitted that the Section 4 Notification was issued on different dates which is from 1.2.1996 to 16.6.1996 in respect of different parcel of lands which were situated in different villages of Taluka and District of Amreli, where the lands were acquired for public purpose of Vadi Irrigation Project. He, therefore, submitted that considering the fact that Section 4 Notification in the present case being issued during the same period, and the lands being situated in the nearby vicinity of the Amreli District, the appellants – original claimants may be granted additional compensation at the rate of Rs.65/- per sq mtrs for Jirayat Land and Rs.97.50 per sq mtrs for Bagayat Land. He further prayed for consequential statutory benefits on the additional compensation which may be determined by this Court which may be deposited by the respondent authorities in a time bound period. 8. On the other hand, Ms. Dhwani Tripathi, learned Assistant Government Pleader appearing on behalf of the respondent State Authority has fairly submitted that the order passed by this Court as relied upon by the learned advocate for the appellants in batch of appeals being First Appeal Nos. 2825 of 2012 and allied matters, has been accepted by the State Government. She, therefore, fairly submitted that the appropriate orders may be passed by this Court. 9. Having heard the learned advocates for the respective parties and on perusal of the judgment and award impugned as well as on examining the record of the Land Acquisition Reference Cases, the Court notices that the Notification under Section 4 of the Land Acquisition Act has been issued on 5.7.1996 in case all the lands which are situated at the outskirts of village Venivadar of Amreli Taluka. Undisputedly the lands are acquired for the public purpose i.e. for the purpose of Vadi Irrigation Project. The Reference Court while passing the impugned judgment and decree, has not entertained the claim of the original claimants to determined the market value at the rate of Rs.400/- per sq mtrs on the ground that the claimants have not adduced the evidence on record. In support of such claim, the only evidence which has come on record is in the case of lands acquired for Thebi Irrigation Project which were situated on Chital-Rajkot bypass where the market value of the land has confirmed upto Hon’ble Supreme Court, was at the rate of Rs.240/- per sq mtrs. The common judgment and order dated 07.08.2018 relied upon by the learned advocate for the appellants pertains to different group of appeals arising out of separate awards passed by the concerned Reference Court in respect of land acquired of different villages situated in Taluka and District Amreli. The common judgment and order dated 07.08.2018 relied upon by the learned advocate for the appellants pertains to different group of appeals arising out of separate awards passed by the concerned Reference Court in respect of land acquired of different villages situated in Taluka and District Amreli. The facts of the case of the aforesaid appeals reveals that the lands were acquired for the public purpose Vadi Irrigation Project and Notification under Section 4 of the Land Acquisition Act were published during the period from 1.2.1996 to 16.6.1996. The lands which were acquired in the aforesaid batch of appeals mainly pertains to village Nana Bhandariya, Mota Ankadiya, Amarpur (Varudi) and village Mangvapal. The geographical situation of the aforesaid villages can be looked into from the evidence which has come on record, more particularly, map Exh.100. The Court notices that the aforesaid villages are situated within a distance of 3 to 5 km from their villages. It has come on record that the Dam has been constructed on the Vaid River known as 'Vadi Irrigation Project', which passes through the limits of those villages, and such project is at a distance of about 2 to 3 kilometres from their village. At this juncture, it would be apt to look into the evidence led by the opponents, more particularly, one Mukesh Chauhan who is discharging his duties in the Roads and Buildings Department, Gujarat State at Amreli, has been examined on behalf of the acquiring body. The same witness has also been examined in aforesaid batch of appeals whose evidence reflects the situation of the lands wherein it emerges that the village Venivadar is situated on the panchayat road. This Court upon appreciation of the evidence, more particularly, map on record has concluded that the acquired lands of the aforesaid villages were surrounded by the non agricultural land were located in posh area which were falling near Amreli Township. This Court upon appreciation of the evidence, more particularly, map on record has concluded that the acquired lands of the aforesaid villages were surrounded by the non agricultural land were located in posh area which were falling near Amreli Township. The Court had also noted the admission made by the witness examined on behalf of the opponent that the lands of the claimants were situated near Amreli Rajkot Road and were surrounded by the residential houses, go-downs thereby indicating that the surrounding areas of the acquired lands was a developed area and having found it comparable with the lands acquired on Amreli Chital Road which were forming part of Group II as decided in case of Collector Land Acquisition vs. Madhubhai Gobarbhai where lands were acquired for the public purpose for the Thebi Irrigation Scheme, awarded compensation accordingly. The relevant observations of this Court in the aforesaid batch of appeals are reproduced 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.” 10. Learned counsel for the original claimants has also placed reliance upon the decision of this Court in the case of Ranchhodbhai Tapubhai Gol vs. Dy. Ex. Engineer, Land Acquisition and Rehabilitation (Irrigation) rendered in First Appeal Nos. 65.00- Rs. 20.00) for jirayat land and Rs.67.50 per square metre (Rs.97.50-Rs.30.00) for bagayat land.” 10. Learned counsel for the original claimants has also placed reliance upon the decision of this Court in the case of Ranchhodbhai Tapubhai Gol vs. Dy. Ex. Engineer, Land Acquisition and Rehabilitation (Irrigation) rendered in First Appeal Nos. 3828 of 2018 and allied matters, wherein also by common order dated 8.10.2018 while considering the note for speaking to minutes had taken into consideration the judgment relied upon by the claimants in the aforesaid batch of appeals being First Appeal Nos. 2825 of 2012 and allied matters, the claimants would be entitled to additional compensation at the rate Rs.65/- per sq mtrs for Jirayat land and Rs.97.50 per sq mtrs for for Bagayat Land followed by consequential statutory benefits on such additional compensation. Thus, considering the fact that this Court in the case of lands acquired of the similarly situated villages which are hardly geographically located within the area of 3 to 5 km, the same benefit can be extended in the case of the present appellants whose lands are acquired by the opponents during the same period. Thus, present appeals are partly allowed. The judgment and award passed by the Land Reference Court in Land Reference Case Nos. 154 of 1999 and allied matters is hereby modified to the extent that the appellants are entitled to additional compensation at the rate of Rs.97.50 sq mtrs for Bagayat Land and at the rate of Rs.65/- per sq mtrs in case of Jirayat land. The appellants are also entitled to benefit of 10% increased under Section 23(1-A) of the Land Acquisition Act with 30% solatium under Section 23(2) of the Act. The appellants would be entitled to interest at the rate of 9% for the first year and 15% for the remaining year on the additional amount of compensation being granted by this Court. Rest of the order passed by the learned Reference Court is hereby confirmed. Considering the fact that Section 4 Notification relate back to the year 1996, the State Authorities are directed to deposit additional amount of award with proportionate costs within a period of three months from the date of receipt of the copy of this order. First Appeals stand partly allowed on the aforesaid terms. Decree to be drawn accordingly. Direct service is permitted.