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2018 Supreme(Guj) 1192

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Ishvarbhai Thobhanbhai - Appellant
Versus
The Deputy Collector and Land Acquisition and Rehabilitation (Irrigation) Officer - Respondent
R/First Appeal No. 2700-2728 of 2018
Decided On : 28-08-2018

Advocates Appeared:
For the Appellant : Mr. Nitin M Amin.
For the Respondent: Mr. Rakesh Patel, AGP.

Headnote:

Land Acquisition Act, 1894 – Section 4 – Acquisition of land – Reference – For the purpose of determining and awarding appropriate compensation, court is expected to ascertain market value of land on the date of notification issued under Section 4(1) of Act – Reference court has committed an error in directing to deduct requisite court fees from amount of compensation – Appellants/claimants thereafter shall be entitled to 9% interest for first year from the date of Section 4 notification published under the Act and then at the rate of 15% per year till the amount is deposited with reference court. (Paras 16 and 28)

JUDGMENT :

1. This batch of Appeals is directed against the judgment and award passed by the Principal Senior Civil Judge, Surendranagar, dated 9th January 2018 in the Land Reference Case No.16 of 2003 and allied matters. The court below passed an identical judgment and award in each of the Land Reference Cases (LRC) bearing Nos.16 of 2003 to 46 of 2003. The judgment of the reference court, though delivered individually in each of the Land Reference Cases, yet parawise it is identical except the change in the names of the claimants.

2. This batch of Appeals is being decided by this common judgment and order.

3. The lands of village Dharmendragadh, Taluka Muli, District Surendranagar, were acquired by the respondents for the Sabury Irrigation Scheme. The possession of the acquired lands was taken over on 10th August 1996 by the respondents. The preliminary notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was published on 24th August 1999 and the notification under Section 6 of the Act was published on 19th December 2000. The respondent no.1 - Land Acquisition Officer declared his award on 23rd July 2000 and awarded Rs.1=60 per sq.meter for the non-irrigated land and Rs.2=40 per sq. meter for the irrigated land towards the compensation.

4. Being dissatisfied with the award of the Land Acquisition Officer, the claimants sought references under Section 18 of the Act and the same were forwarded to the District Court, Surendranagar. All the references were registered and numbered as the Land Reference Cases Nos.16 of 2003 to 46 of 2003. The claimants in the reference, claimed compensation at the rate of Rs.100=00 to Rs.110=00 per sq.meter. The Principal Senior Civil Judge, Surendranagar, by his judgment and award dated 9th January 2018, has awarded additional compensation at the rate of Rs.7=00 per sq.meter.

5. Being dissatisfied with the judgment and award, the appellants have come up with their respective appeals.

6. To prove the just, fair and reasonable market value of their acquired lands, the appellants/claimants have led common evidence separately in all the reference cases. The claimants have examined witness, viz. Kuvarji Thobhan, at Exh.36, who is the land holder of the Land Reference Case No.16 of 2003. This witness has deposed in his evidence that his land was acquired for the Saburi Irrigation Scheme along with the land of the other farmers of his village. The possession of their acquired lands were taken over on and around 10th August 1996 by the respondents. That the lands acquired of all the agriculturists are adjoining to each other having irrigation facility through well. The lands are of the same quality, fertility and of similar nature. That the farmers of the village were taking three crops in a year, viz. cotton, groundnut and til. The farmers were used to sell their agriculture produce at the Botad Marketing Yard and the witness has produced the price list of the Botad Marketing Yard for the year 1996-97 at Exh.28. That no Revenue Talati or Panchayat Mantri had ever come to make note of the standing crops on the field of the farmers in their presence in the revenue record. The witness has deposed that after deducting 50% expense, their net agriculture income was Rs.20,000=00 to Rs.25,000=00 per vigha per year in the relevant year. The witness has also deposed that the village has the facilities of road, water, electricity, telephone, school, diamond polishing units, etc. since 1999. That the Ahmedabad-Rajkot National Highway, Surendranagar-Muli State Highway and Ahmedabad- Surendranagar-Rajkot Broad-gauge Railway Line pass nearby their village. In short, the witness has deposed that their village is fast developing day-by-day. The claimants/appellants have thus adduced evidence on the basis of the yield of their acquired lands.

In the cross-examination by the respondents, the witness has, inter alia, stated that there may be some difference in the quality of lands. Agriculture pro












































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