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1992 Supreme(Guj) 279
Gujarat High Court
Judgename :J.N.Bhatt, V.H.BHAIRAVIA
SPECIAL LAND ACQUISITION OFFICER - Appellant
Versus
SHANTIBHAI JIVABHAI PATEL - Respondent
C.A. 1906 of 1992
Decided On : 11/13/1992
Headnote:Land Acquisition Act, 1894 - Sec. 23 - Market value - Determination of - Basis must be reference to condition at the time of notification under sec. 4 and its potential value - Different methods and considerations - Indicated.
The expression "market value" as stated under Section 23 of the Act has assumed a definite connotation by catena of judicial pronouncements. Market value is required to be ascertained so as to award just and reasonable amount of compensation for the acquisition of the land under the Act. It may also be mentioned that the land has to be valued not only with reference to its conditions at the time of declaration of notification under Section 4 of the Act but its potential value is also required to be taken into consideration. The market value to be estimated or assessed ought to be the value of the land in the open market which a willing seller might expected to realise. There are several methods of valuation of market price of the land. The market value may be ascertained on the basis of : -
(i)
the opinion of the expert,
(ii)
the price of the land within a reasonable time of any bona fide transactions of purchase of land acquired or the land adjacent to the land acquired and possessing similar advantage, and
(iii)
the number of years purchase of the actual or immediately perspective parts of the land acquired.
The aforesaid methods are illustrative and not exhaustive for the purpose of determining the amount of compensation for the acquisition of the land under the Act. It may also be stated that the market value is to be assessed not merely by existing utility of the land but the best use to which a willing purchaser would like to put it.
[Para 10]
Land Acquisition Act, 1894 - Secs.18, 23, 54 - Market value of land fixed at Rs. 350 per sq.mt. - Reference against award - Held, after considering the entire conspectus of testimonial & documentary evidence amount of compensation assessed & determined at Rs. 15 per.sq.mt. in all the cases under reference by trial court - Reference just & reasonable - Interference refused.
After having examined the entire conspectus of the testimonial and documentary collections, we are of the opinion that the amount of compensation assessed and determined at Rs.15 per sq.mt. in all the cases under reference under Section 18 of the Act by the learned trial court Judge is just and reasonable and we find no any reason whatsoever to interfere with the said awards declared under the common judgment. Nothing has been successfully pointed out which would call for the interference of this court in this group of 45 appeals and the cross-objections in all the appeals. No illegality is spelt out. No irregularity is pointed out. There is no misreading or misappreciation of evidence.
[Para 21]
( 1 ) A dispute is centred on the question of market value of the lands under acquisition in this group of 45 appeals under the provisions of Sec. 54 of the Land Acquisition Act, 1894 (the Act for short ).
( 2 ) AS all these 45 appeals arise out of common judgment and raise identical questions, they are being disposed of by this common judgment.
( 3 ) A conspectus of the material facts giving rise to the present group of appeals may be narrated at the outset so as to appreciate the merits of the appeals.
( 4 ) THE appeals are preferred by the State of Gujarat and the Acquiring Body against a common judgment rendered in 45 References by the learned Extra assistant Judge, Kheda at Nadiad, on 26-12-1991, and the original claimants whose lands are acquired, have preferred cross-objections in all the 45 appeals.
( 5 ) A notification dated 29-8-1986, under Sec. 4 of the Act, came to be issued pursuant to which the lands of the claimants were acquired. The notification under sec, 6 of the Act was published on 13-11-1986. The awards came to be passed by the Special Land Acquisition Officer (Express Highway), Kheda, on 10-6-1987. The lands in the above acquisition cases are situated at village Samarkha, Taluka anand, in Kheda District. They, re acquired for the project of Ahmedabad-Baroda highway, for the purpose, by the acquiring body, i. e. , the Executive Engineer, roads and Buildings. The Special Land Acquisition Officer fixed the market value of the land at Rs. 350 per Are, i. e. , Rs. 3. 50 per sq. mt.
( 6 ) BEING aggrieved and dissatisfied with the offer made by the Land acquisition Officer at Rs. 3. 50 per sq. mt- for the land under acquisition, 45 claimants of the respective lands approached the Court by way of References under Sec. 18 of the Act, claiming Rs. 25 per sq. mt. by way of compensation for their acquired lands.
( 7 ) THE claimants relied on the evidence of the following seven witnesses: sr. No. Name of Witness Ex. No. 1. Kanubhai Nathabhai Patel 10 2. Yogendrakumar Gordhanbhai 89 3. Govindbhai Bhailalbhai Patel 90 4. Batukbhai Nanajibhai 91 5. Naranbhai Kalidas 92 6. Pratapsing Dhulabhai 95 7. Ambalal Chaturbhai Patel 97 the original opponent/appellant-State relied on sole witness, who is a Talati-cum- mantri, Prabhatsinh Chauhan. He is examined, at Ex. 99. The claimants also placed reliance on the documentary evidence produced, at Exhibits 74 to 99.
( 8 ) ALL the References were consolidated and common evidence was led in the main Reference Case No. 1 of 1990 and all the References came to be disposed of by a common judgment. On appreciation of the facts and circumstances and the evidence on record, the trial Court reached to the conclusion that the claimants are entitled to an additional amount of Rs. 11. 50 per sq. mt- by way of market price of the acquired land. Thus, the Land acquisition Officer offered an amount of Rs. 3. 50 per sq. mt. and the trial court awarded, in aggregate, an amount of Rs. 15 per sq. mt.
( 9 ) BEING aggrieved by the said awards of the trial Court, the original opponents- state and the Land Acquisition Authority, have assailed the legality and validity of the common award passed in all the 45 References in these 45 appeals.
( 10 ) THE claimants have claimed an additional amount of Rs. 5 (five) per sq. mt. by filing cross-objections in all these appeals.
( 11 ) WITH a view to appreciate the disputed aspects in this group of 45 appeals, the material aspects are tabulated in the following table : land acquired for the purpose of "express Highway" between Ahmedabad-Baroda appeal Comp. Date of Land Comp. Comp. Comp. Comp. Claim in no. All Case Notification S. No. Area of Claimed Awarded Claimed decreed Appeal appeals No. under village Samarkha, with L. A. by L. A. in L. by Court with Sec. 4 Taluka Anand, Officer Officer Court cross- Dist. Kheda Rs. 25 Rs. 350 Rs. 151 Rs. 11. 50 obj. H. A. Sq. Mt. Sq. Mt. Sq. Mt Sq. Mt. Sq. Mt. 1 2 3 4 5 6 7 8 9 1906/92 with cross- 1/90 29-3-1986 990-
