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2018 Supreme(Guj) 848
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Harsha Devani, A.S. Supehia, JJ.
Gobarbhai Chhaganbhai – Appellant
Vs.
Deputy Collector - Respondent
First Appeal No. 229 of 2016, 230 of 2016, 231 of 2016, 232 of 2016, 233 of 2016, 234 of 2016, 235 of 2016, 236 of 2016, 237 of 2016, 238 of 2016, 239 of 2016, 240 of 2016, 241 of 2016, 242 of 2016, 243 of 2016, 244 of 2016, 245 of 2016, 246 of 2016, 1546 of 2018, 1547 of 2018, 1548 of 2018, 1549 of 2018, 1550 of 2018, 1552 of 2018, 1553 of 2018, 1554 of 2018, 1555 of 2018, 1556 of 2018, 1557 of 2018, 1558 of 2018, 1559 of 2018, 1561 of 2018, 1972 of 2016, 2825 of 2012, 2826 of 2012, 2827 of 2012, 2828 of 2012, 2829 of 2012, 2830 of 2012, 2831 of 2012, 2832 of 2012, 2833 of 2012, 2834 of 2012, 2835 of 2012, 2836 of 2012, 2837 of 2012, 2838 of 2012, 2839 of 2012, 2840 of 2012, 2841 of 2012, 2842 of 2012, 2843 of 2012, 2844 of 2012, 2845 of 2012, 2846 of 2012, 2847 of 2012, 2848 of 2012, 2849 of 2012, 2850 of 2012, 2851 of 2012, 2852 of 2012, 2853 of 2012, 2854 of 2012, 2855 of 2012, 2856 of 2012, 2857 of 2012, 2858 of 2012, 2859 of 2012
Decided On : 07-08-2018
Bhargav Karia, Adv., G.M. Amin, Adv., Kunan Naik, Adv., Utsav Parikh, Adv., V.T. Shah, Adv., Utkarsh Sharma, Adv.
Headnote:
Land Acquisition Act, 1894 - Section 4, 11 and 18 - Land Case - Batch of appeals is comprised of different groups arising out of separate awards passed by the Reference Court in connection with different villages in respect of lands acquired for the public purpose of Vadi Irrigation Project - Acquired lands are from different villages - Evidence adduced in each group of cases is more or less identical and the awards passed in each group of cases are also more or less identically worded and the market value determined in each case is also the same - Held, Reference Court has awarded compensation at the rate per square metres for jirayat land and bagayat land - Appellants would therefore be entitled to additional compensation per square metre for jirayat land and per square metre for bagayat land - Insofar as First Appeals are concerned, the notification under section 4 of the Act came to be published - Since this court has determined the market value of jirayat land per square metre and per square metre for bagayat land in respect of village, wherein the notification under section 4 of the Act came to be issued 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 per square metre for jirayat land and per square metre for bagayat land as the basis a, the appellants-claimants would be entitled to 10% increase per annum for eight years - Accordingly, the market value of the lands would come to per square metre for jirayat land and per square metre for bagayat land - Appeals allowed. (Paras 67, 68)
Harsha Devani, J.
This batch of appeals is comprised of different groups arising out of separate awards passed by the Reference Court in connection with different villages situated in Amreli Taluka, Amreli District in respect of lands acquired for the public purpose of Vadi Irrigation Project. Though the acquired lands are from different villages of Amreli Taluka, the evidence adduced in each group of cases is more or less identical and the awards passed in each group of cases are also more or less identically worded and the market value determined in each case is also the same. Therefore, for the sake of convenience, all the appeals were heard together and are decided by this common judgment.
2. The brief facts giving rise to each group of appeals may be adverted to.
3. First Appeals No.2825 of 2012 to 2859 of 2012 arise out of the common judgment and award dated 31.03.2012 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Case No.68 of 1999 and allied matters.
3.1 Agricultural lands of the appellants situated in village Nana Bhandariya of Amreli taluka of Amreli district came to be acquired for the public purpose of the Vadi Irrigation Project. The notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), came to be published on 11.04.1996, whereas the declaration under section 6 of the Act came to be published in the Government Gazette on 04.07.1996. Notices came to be issued under section 9 of the Act upon the interested parties, whereafter the Land Acquisition Officer made an award under section 11 of the Act on 17.07.1998 in L.A.Q. No.21 of 1995 awarding compensation of Rs. 1,050/- per are (Rs. 10.50 per square metre) for bagayat land and Rs. 700/- per are (Rs. 7/- per square metre) for jirayat land. Being dissatisfied with the award, the appellants filed applications under section 18 of the Act claiming compensation at the rate of Rs. 400/- per square metre. The Reference Court determined the market value of the acquired lands at Rs. 20/- per square metre for Jirayat lands and Rs. 30/- per square metre for Bagayat lands.
4. First Appeals No.2836 of 2012 and 2837 of 2012 arise out of the judgment and award dated 31.3.2012 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Cases No.67/1999 (Main) and allied matters.
4.1 In these cases, lands bearing Survey No.224/paiki (part of), 224/1-B paiki, and 224/2 paiki etc. of village Mota Ankadiya came to be acquired for the public purpose of Vadi Irrigation Scheme. The notification under section 4 of the Act came to be published in the Government Gazette on 11.4.1996 and declaration under section 6 came to be published on 04.07.1996. The award under section 11 of the Act came to be made on 13.2.1998 in LAQ Case No.5/1995 determining the market value of the acquired lands at Rs. 7/- per square metre for non-irrigated land and Rs. 10.50 per square metre for irrigated land. Being dissatisfied with the award, the appellants filed applications under section 18 of the Act. The Reference Court determined the market value of the acquired lands at Rs. 20/- per square metre for Jirayat lands and Rs. 30/- per square metre for Bagayat lands.
4.2 First Appeals No.2838 of 2012 to 2848 of 2012 arise out of the common judgment and award dated 31.03.2012 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Cases No.56-65/1999 and 176 of 1999.
4.3 In this case also, the lands situated in Village Nana Bhandariya, taluka and district Amreli came to be acquired for the public purpose for Vadi Irrigation Project. The notification under section 4 of the Act came to be published in the Government Gazette on 11.04.1996 and the declaration under section 6 of the Act came to be published on 18.07.1996. The Land Acquisition officer made an award under section 11 of the Act
