PATEL JAYANTIBHAI LAKHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of common impugned judgment and award dated 16.09.2005 rendered by the learned 3rd Additional Senior Civil Judge, Sabarkantha at Himmatnagar in Land Reference Cases No. 70 of 1997and 71 of 1997 (L.A.R. No. 70 of 1997 as main case) whereby the Reference Court determined the market value of the acquired lands of the Appellants - claimants at the rate of Rs. 1,000 per R.A. (Rs. 10 per sqs. mtr.). The Reference Court also awarded statutory additions namely 12% per annum interest as provided under Section 23(1A) of the Land Acquisition Act ("the Act" for short) and solecism as provided under Section 23(2) of the Act. The Reference Court granted interest as contemplated under Section 28 of the Act.

(2.) Certain agricultural lands situated in the outskirt of Village: Hadiyol, Taluka - District: Himmatnagar proposed to be acquired for the public purpose of Himmatnagar to Dhansura Road. The Notification under Section 4 of the Act came to be published on 30.07.1992. The Notification under Section 6 of the Act came to be published on 11.01.1994. The Special Land Acquisition Officer conducted inquiry in L.A.Q. Case No. 98 of 1992 to determine the fair and reasonable amount of compensation. The Special Land Acquisition Officer at the end of the inquiry offered compensation to the Appellants - claimants at the rate of Rs. 225 per R.A. (Rs. 2.25 paise per sq.mtr.). The Appellants - claimants felt that the amount of compensation offered to them was quite inadequate and meager and, therefore, applied for References and claimed that they should have been paid compensation at the rate of Rs. 50 per sq.mtr. Their References were numbered and registered as Land Reference Cases No. 70 of 1997and 71 of 1997.

(3.) Both the Reference Cases came to be consolidated and common evidence was recorded by the Reference Court. The claimant Ramabhai Lakhubhai Patel came to be examined at Ex.15. The claimants produced relevant documentary evidence including the certified copy of the previous award at Ex.18 which came to be passed in L.A.R. Nos. 4274 to 4295 of 1989 on 11.11.1998 by the same Reference Court. The claimants also produced at Ex.19 the copy of the order dated 17.01.2001 passed by this Court in Civil Application No. 10143 of 2000 in First Appeal (Stamp) No. 2645 of 2000 whereby this Court dismissed the said Civil Application No. 10143 of 2000 preferred by the State for condonation of delay and accordingly, First Appeal (Stamp) No. 2645 of 2000 intended to be preferred by the State challenging the previous award at Ex.18 dated 11.11.1998 came to be dismissed. On behalf of the opponents, the Special Land Acquisition Officer Dr. Bhallar came to be examined at Ex.32. The Reference Court, after examining and evaluating the evidence on record, came to the conclusion that the previous award at Ex.18 cannot be considered as this Court did not decide the aforesaid appeal on merits, but the said appeal came to be dismissed as the delay was not condoned by this Court. Moreover, the Reference Court held that the Appellants - claimants did not produce any evidence to show that the lands for which the earlier award at Ex.18 came to be passed was similar in nature to the acquired lands of the Appellants - claimants. However, considering paragraph No. 14 in the impugned judgment and award, the Reference Court discarded the evidence in the nature of previous award of the lands of the same village i.e. Hadiyol, by observing that the claimants failed to produce any evidence to show that any lands situated in said village fetched Rs. 300 per R.A. as market price, but it appears that thereafter, without assigning any reason, the Reference Court came to the conclusion that the claimants were entitled to recover compensation at the rate of Rs. 1,000 per R.A (Rs. 10 per sq.mtr.).