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2024 Supreme(Online)(GUJ) 18470
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With R/CROSS OBJECTION NO. 374 of 2023 In R/FIRST APPEAL NO. 2718 of 2022 With R/CROSS OBJECTION NO. 379 of 2023 In R/FIRST APPEAL NO. 1196 of 2019 With R/CROSS OBJECTION NO. 385 of 2023 In R/FIRST APPEAL NO. 1200 of 2019 With R/CROSS OBJECTION NO. 9 of 2024 In R/FIRST APPEAL NO. 1259 of 2019 With R/CROSS OBJECTION NO. 411 of 2023 In R/FIRST APPEAL NO. 1262 of 2019 With R/FIRST APPEAL NO. 4915 of 2023 With R/CROSS OBJECTION NO. 386 of 2023 In R/FIRST APPEAL NO. 970 of 2023 With R/CROSS OBJECTION NO. 417 of 2023 In R/FIRST APPEAL NO. 1254 of 2019 With R/CROSS OBJECTION NO. 418 of 2023 In R/FIRST APPEAL NO. 1831 of 2020 With R/CROSS OBJECTION NO. 420 of 2023 In R/FIRST APPEAL NO. 1264 of 2019 With R/CROSS OBJECTION NO. 400 of 2023 In
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SUVIDA EDUCATION TRUST TRUSTEE CHAUDHARI HARIBHAI MAVJIBHAI
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1 for the Defendant(s) No. 2 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Defendant(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 07/03/2024 COMMON ORAL ORDER (PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. By way of this note for speaking to minutes, it has been pointed out that this Court has disposed of these matters vide order dated 16.02.2024. While doing so, in para 3 of the order, while reproducing the relevant paragraphs of First Appeal No.1703 of 2020 and allied matters, inadvertently, paragraph no.14 of the said judgement has wrongly been quoted.
2. The said mistake is hereby rectified. The quoted paragraph No.14 of First Appeal No.1703 of
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2020 and allied matters shall stand deleted from the order dated 16.02.2024 passed in Cross Objection No. 28 of 2024 and allied matters.
3. Note for speaking to minutes stands allowed.
(BIREN VAISHNAV, J)
(NISHA M. THAKORE,J)
ANKIT SHAH
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SUVIDA EDUCATION TRUST TRUSTEE CHAUDHARI HARIBHAI MAVJIBHAI Versus SPECIAL LAND ACQUISITION OFFICE & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1 for the Defendant(s) No. 2 MR. AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER for the Defendant(s) No. 1 in X-OBJ No. 28/2024, 27/2024, 379/2023, 385/2023, 400/2023, 417/2023 and FIRST APPEAL Nos. 1196/2019, with CA 2/2018, 1200/2019, 1201/2019 & 1254 of 2019.
MS. POOJA ASHAR, ASSISTANT GOVERNMENT PLEADER for the Defendant(s) No. 1 in First Appeal Nos. 1259/2019, 1262/2019, 1264/2019, 1266/2019 1831/2019, 2718/2022 and X-OBJ Nos. 411/2023, 420/2023, 402/2023, 418/2023 and 374/2023.
MR. AAKASH GUPTA, ASSISTANT GOVERNMENT PLEADER for the Defendant(s) No. 1 in First Appeal Nos. 970/2023, 3856/2023, 4322/2023, 4915/2023 1199/2019 & X-OBJ Nos. 386/2023, 404/2023, 405/2023 & 9/2024.
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 16/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1 These First Appeals arise out of Land Reference Case Nos. 352 of 2013 to 389 of 2013 passed by the learned Civil Judge, Mehsana. Common evidence was recorded in L.A.R Case No. 352 of 2013.
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2 Learned counsels appearing for the respective parties agree that these appeals were amongst the group of appeals which were left out. These group of appeals arise out of the same acquisition proceedings, being First Appeal Nos. 1703 of 2020 and allied appeals and X- Objections, which have been decided by this Court (Coram: Hon’ble Mr.Justice A.S.Supehis & Hon’ble Mr.Justice Divyesh A. Joshi) on 18.04.2023.
3 After considering the arguments of the learned Assistant Government Pleader and Mr.A.V.Prajapati, appearing for the respondent – original claimants in the first appeals, in First Appeal Nos. 1703 of 2020 and allied appeals, the Court held as under:
“9. In the considered opinion of this Court, the Reference Court has fallen in error by determining the amount on the basis of Rs.2,200/-. A perusal of the District Valuation Committee report below Exh.43 indicates that in fact for the lands acquired of village Nagalpur, the District Valuation Committee has determined Rs.3,000/- per sq.mtr. as on 08.10.2004. It appears that through mistake, the Reference Court has considered Rs.2,200/- per sq.mtr., on the meeting which was held on 28.07.2003 by the District Valuation Committee and has totally ignored the compensation fixed at
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10. The claimants had also placed reliance on the sale deed below Exh.82 for the very same village Heduva dated 19.11.2008, wherein valuation of Rs.2,225/- per sq.mtr. has been considered. The reliance is also placed by the claimants on Exh.44 and Exh.45 i.e. sale deeds of nonagricultural land of village Nagalpur, admeasuring 6,880 sq.mtr., wherein the market value of Rs.3,000/- per sq.mtr.
has been considered as on 03.10.2007.
11. It is not in dispute that Panchot village is 7-8 kms. away from village Nagalpur, for which this Court has already dismissed the first appeal challenging the judgement and award of the Reference Court. For the land acquired of village Panchot by the very same acquiring body, the Reference Court has awarded Rs.2,178.57/- per sq.mtr. for non-road touch land and Rs.2,824.95/- per sq.mtr. for road-touch land, of which Section 4 notification was issued on 11.02.2009. The Reference Court, though has considered the evidence of the District Valuation Committee below Exh.43, has erroneously considered the amount of Rs.2,200/- sq.mtr. of village Nagalpur instead of Rs.3,000/- as on 08.10.2004. Thus, as per the judgement of this Court dated 05.04.2023 rendered in First Appeal Nos.4406 of 2018 and allied matters, this Court has deducted 40% from the compensation from the amount of Rs.3,000/- per sq.mtr. and accordingly, by adopting the same formula, by deducting the 40% amount from the amount of
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12. In the present case, Section 4 notification was issued on 15.11.2008, whereas the market value determined below Exh.43 for village Nagalpur is as on 08.10.2004 and, therefore, there is a gap of four years and one month and accordingly, by giving 10% increase on Rs.1,800/- per sq.mtr., the same would come to Rs.720/- per sq.mtr. and the value of t
