(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. This appeal was part of the group of first appeals no. 1983 to 1988 and allied appeals of 1992. This appeal, like those appeals, is directed against the common judgment and award dated 22nd February, 1991 passed by the Extra Assistant Judge, Ahmedabad (Rural) at Mirzapur in a group of Land Acquisition Cases for which reference under section 18 of the Land Acquisition Act was made. The above said first appeals came to be disposed of by this Court vide judgment and order dated 14.9.1994, whereby those appeals are allowed by reducing the rate of compensation to the extent indicated in the said judgment and the Cross Objections were dismissed. Like this appeal, those appeals were filed by the State against the enhanced rates granted by the Reference Court. As could be seen from the record, Section 4 notification was issued for the purpose of Gandhinagar Capital Development Sector 4 on 7.7.1983. Section 6 notification was issued on 13.9.1984 and 19.12.1985. The Land Acquisition Officer gave his award on 22.9.1986 and the possession of the lands was taken away between 22.9.1986 and 8.10.1986. The Land Acquisition Officer fixed price of irrigated land at Rs.24.00 per square meter for Category-1. He awarded Rs.22.00 per square meter for Category-2 being non-irrigated land and Rs.22.00 per square meter for Category-3 being irrigated land having no frontage. He also fixed Rs.20.00 per square meter for Category-4 which was non-irrigated land. Before the Reference Court, the claimants claimed compensation at Rs.300.00 per square meter. However, the Reference Court fixed the compensation for irrigated land of Categories 1 and 3 at Rs.104.00 per square meter and in respect of Categories 2 and 4 at Rs.94.00 per square meters. Thus, the Reference Court awarded additional amount of Rs.80.00 per square meter to the claimants of Category-1, Rs.72.00 per square meter to the claimants of Category-2, Rs.82.00 per square meter to the claimants of Category-3 and Rs.74.00 per square meter to the claimants of Category-4. In case of new tenure lands, the Reference Court directed that deduction of 5% should be made from the compensation fixed. Solatium and interest were awarded at the rates prescribed in the award.
2. The Division Bench of this Court, after considering the evidence on record and also various decisions cited before it, ultimately held that considering the attendant facts and circumstances and more particularly the location of the lands, its proximity to the developed area, existing potential of its use, the time that it would take to develop and all of the capabilities of the land, rate of Rs.50.00 per square meter will be a just rate. The Division Bench of this Court has also held that having regard to the potential use to which the lands could be put, it was not necessary to adopt different rates for four categories and it therefore fixed the compensation at Rs.50.00 per square meter for all the lands under acquisition. In case of new tenure lands, deduction at the rate of 5 per cent from the compensation fixed was provided.
3. As stated above, this appeal is also arising out of the common judgment and award having identical fact situation. The reference case against which this appeal is preferred was amongst the group of very same reference cases arising out of the award passed by the Land Acquisition Officer on similar and identical set of facts. Therefore, on the basis of the judgment and order passed by the Division Bench of this Court dated 14.9.1994 in First Appeal NO. 1983 to 1988 and allied first appeals of 1992, this appeal is also required to be allowed.
4. Accordingly, it is held that for the reasons recorded in above said group of appeals, rate of compensation for all the lands is fixed at Rs.50.00 per square meter. This appeal is allowed to the extent indicated above and the judgment and award passed by the Reference Court shall stand modified accordingly. No order as to costs.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas ch reference under section 18 of the Land Acquisition Act was made. The above said first appeals came to be disposed of by this Court vide judgment and order dated 14.9.1994, whereby those appeals are allowed by reducing the rate of compensation to the extent indicated in the said judgment and the Cross Objections were dismissed. Like this appeal, those appeals were filed by the State against the enhanced rates granted by the Reference Court. As could be seen from the record, Section 4 notification was issued for the purpose of Gandhinagar Capital Development Sector 4 on 7.7.1983. Section 6 notification was issued on 13.9.1984 and 19.12.1985. The Land Acquisition Officer gave his award on 22.9.1986 and the possession of the lands was taken away between 22.9.1986 and 8.10.1986. The Land Acquisition Officer fixed price of irrigated land at Rs.24.00 per square meter for Category-1. He awarded Rs.22.00 per square meter for Category-2 being non-irrigated land and Rs.22.00 per square meter for Category-3 being irrigated land having no frontage. He also fixed Rs.20.00 per square meter for Category-4 which was non-irrigated land. Before the Reference Court, the claimants claimed compensation at Rs.300.00 per square meter. However, the Reference Court fixed the compensation for irrigated land of Categories 1 and 3 at Rs.104.00 per square meter and in respect of Categories 2 and 4 at Rs.94.00 per square meters. Thus, the Reference Court awarded additional amount of Rs.80.00 per square meter to the claimants of Category-1, Rs.72.00 per square meter to the claimants of Category-2, Rs.82.00 per square meter to the claimants of Category-3 and Rs.74.00 per square meter to the claimants of Category-4. In case of new tenure lands, the Reference Court directed that deduction of 5% should be made from the compensation fixed. Solatium and interest were awarded at the rates prescribed in the award.
2. The Division Bench of this Court, after considering the evidence on record and also various decisions cited before it, ultimately held that considering the attendant facts and circumstances and more particularly the location of the lands, its proximity to the developed area, existing potential of its use, the time that it would take to develop and all of the capabilities of the land, rate of Rs.50.00 per square meter will be a just rate. The Division Bench of this Court has also held that having regard to the potential use to which the lands could be put, it was not necessary to adopt different rates for four categories and it therefore fixed the compensation at Rs.50.00 per square meter for all the lands under acquisition. In case of new tenure lands, deduction at the rate of 5 per cent from the compensation fixed was provided.
3. As stated above, this appeal is also arising out of the common judgment and award having identical fact situation. The reference case against which this appeal is preferred was amongst the group of very same reference cases arising out of the award passed by the Land Acquisition Officer on similar and identical set of facts. Therefore, on the basis of the judgment and order passed by the Division Bench of this Court dated 14.9.1994 in First Appeal NO. 1983 to 1988 and allied first appeals of 1992, this appeal is also required to be allowed.
4. Accordingly, it is held that for the reasons recorded in above said group of appeals, rate of compensation for all the lands is fixed at Rs.50.00 per square meter. This appeal is allowed to the extent indicated above and the judgment and award passed by the Reference Court shall stand modified accordingly. No order as to costs.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top