Allowed

Kalyanbhai Dharamshibhai v. Second Additional Special Land Acquisition Officer

Gujarat HC20 Aug 2018FA/1241/2016

Case brief

AI extract

What is this about?

The High Court held that claimants in a land acquisition case are entitled to additional interest by way of damages for the period the government retained possession of the land after dispossessing the owners but before publishing the notification under Section 4. The court directed the respondents to pay 15% per annum from the date of dispossession.

What did the court decide?

Respondents directed to award additional interest at 15% per annum from dispossession to notification date; compensation deposited before Reference Court within three months.

Kalyanbhai Dharamshibhai Vs Second Additional Special Land… — Land Acquisition | Gujarat HC (2018)

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C/FA/1213/2016 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/FIRST APPEAL NO. 1213 of 2016 With R/FIRST APPEAL NO. 1214 of 2016 With R/FIRST APPEAL NO. 1215 of 2016 With R/FIRST APPEAL NO. 1216 of 2016 With R/FIRST APPEAL NO. 1217 of 2016 With R/FIRST APPEAL NO. 1218 of 2016 With R/FIRST APPEAL NO. 1219 of 2016 With R/FIRST APPEAL NO. 1220 of 2016 With R/FIRST APPEAL NO. 1221 of 2016 With R/FIRST APPEAL NO. 1222 of 2016 With R/FIRST APPEAL NO. 1223 of 2016 With R/FIRST APPEAL NO. 1224 of 2016 With R/FIRST APPEAL NO. 1225 of 2016 With R/FIRST APPEAL NO. 1226 of 2016 With R/FIRST APPEAL NO. 1227 of 2016 With R/FIRST APPEAL NO. 1228 of 2016 With R/FIRST APPEAL NO. 1229 of 2016 With R/FIRST APPEAL NO. 1230 of 2016 With R/FIRST APPEAL NO. 1231 of 2016 With R/FIRST APPEAL NO. 1232 of 2016 With R/FIRST APPEAL NO. 1233 of 2016 With

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Page 1 of 6

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C/FA/1213/2016 JUDGMENT

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R/FIRST APPEAL NO. 1234 of 2016 With R/FIRST APPEAL NO. 1235 of 2016 With R/FIRST APPEAL NO. 1236 of 2016 With R/FIRST APPEAL NO. 1237 of 2016 With R/FIRST APPEAL NO. 1238 of 2016 With R/FIRST APPEAL NO. 1239 of 2016 With R/FIRST APPEAL NO. 1240 of 2016 With R/FIRST APPEAL NO. 1241 of 2016

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE J.B.PARDIWALA

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1	Whether Reporters of Local Papers may be allowed to see the judgment ?	NO
2	To be referred to the Reporter or not ?	NO
3	Whether their Lordships wish to see the fair copy of the judgment ?	NO
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO
	CIRCULATE THIS JUDGEMENT IN THE SUBORDINATE JUDICIARY.

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HEIRS OF DECD. VELABHAI VALALBHAI

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Versus

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SECOND ADDITIONAL SPECIAL LAND ACQUISITION OFFICER

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Appearance:

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DELETED(20) for the PETITIONER(s) No. 1.1

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MR NITIN M AMIN(126) for the PETITIONER(s) No. 1,1.1,1.2,1.3,1.4,2,3 MR RAKESH PATEL, AGP(1) for the RESPONDENT(s) No. 1,2

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C/FA/1213/2016 JUDGMENT

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 20/08/2018

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ORAL COMMON JUDGMENT

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1 As the issues raised in all the captioned appeals are with regard to rent or damages for the use and occupation for the period the State Government retained possession of the property, those were heard analogously and are being disposed of by this common judgment and order.

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2 For the sake of convenience, the First Appeal No.1213 of 2016 is treated as the lead matter.

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3 The facts giving rise to this appeal may be summarised as under:

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3.1 The lands of village: Khambhda, Taluka: Barvala, District: Ahmedabad were acquired by the respondents for Khambhda Irrigation Scheme.

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3.2 The Land Acquisition Officer declared his award dated 18^th December 2003 and awarded Rs.4=50 per sq. mtrs. as compensation.

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3.3 The claimants being aggrieved by the award, preferred references which were forwarded to the District Court, Ahmedabad (Rural).

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3.4 The claimants claimed Rs.100/- to Rs.120/- per sq. mtrs. as the compensation for their acquired lands.

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3.5 The Principal Senior Civil Judge, Ahmedabad (Rural), by judgment and award dated 23^th April 2015, partly allowed the references and awarded additional compensation at the rate of Rs.61=80 per sq. mtrs.

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C/FA/1213/2016 JUDGMENT

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3.6 No appeal is filed by the State against the judgment and award of the Reference Court.

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3.7 The claimants filed present group of appeals only on the ground of not awarding rent / damages for use and occupation of the lands by the Government for the period Government retained possession of the lands.

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3.8 It is not in dispute that possession of the acquired lands was taken by the respondents on 17^th August 1989 and as per Section 4 of the Act, a Notification was published on 17^th August 2002 i.e. almost after thirteen years.

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4 The issue involved in these appeals is no longer res integra . The Supreme Court, in the case of Balwan Singh and others vs. Land Acquisition Collector [AIR 2016 SC 1565] considering its earlier three decisions, held as follows:

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“1. The short issue arising for consideration in this appeal is whether the appellants are entitled to interest for the period from the date of dispossession to the date of Notification under Section 4(1) of the Land Acquisition Act, 1894 (For short 'the Act'). That issue is no more res integra. In the case of R.L. Jain (D) by Lrs. Vs. DDA & Ors. reported in (2004) 4 SCC 79 at paragraph 18, this Court has taken the view that the land owner is not entitled to interest under the Act. However, it has been clarified that the land owner will be entitled to get rent or damages for use and occupation for the period the Government retained possession of the property.

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2. Noticing the above position, this Court in the case of Madishetti Bala Ramul (dead) by Lrs. Vs. Land Acquisition Officer reported in (2007) 9 SCC 650, took the view that it may not be proper to remand the matter to the Collector to determine the amount of compensation to which the appellants therein would be entitled for the period during which they remained out of possession and hence, in the interest of justice, this Court directed that additional interest at the rate of 15% per annum on the amount awarded by the Land Acquisition Collector, shall be paid for the period between the date of dis-possession and the date of Notification

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C/FA/1213/2016 JUDGMENT

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under Section 4(1) of the Act.

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3. The said view was followed by this Court in the case of Tahera Khatoon & Ors. Vs. Revenue Divisional Officer/Land Acquisition Officer & Ors. reported in (2014) 13 SCC 613 .

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4. Following the above view taken by this Court, these appeals are disposed of directing the respondents to award additional interest by way of damages, at the rate of 15% per annum for the period between 1.7.1984, the date when the appellants were dis-possessed till 2.9.1993, the date of Notification under Section 4(1) of the Act.

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5. Needless to say that this compensation will be on the basis of land value fixed by the Reference Court. The amount C.A. Nos. 1867-1872/2009 as above shall be calculated and deposited before the Reference Court within a period of three months from today.”

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5 The facts in this group of appeals are almost identical. The possession of the lands were taken over on 17^th August 1989. The Notification under Section 4 of the Act was published on 17^th August 2002 i.e. almost after thirteen years from the date on which the appellants / claimants were dispossessed. The Government, thus retained possession of the lands from 17^th August 1989 to 17^th August 2002. Hence, the appellants / claimants are entitled to rent or damages for the use and occupation for the period the Government retained possession of the lands.

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6 Following the view taken by the Supreme Court, these appeals are allowed. The respondents are directed to award additional interest by way of damages at the rate of 15% per annum for the period between 17^th August 1989 i.e. the date on which the appellants were dispossessed till 17^th August 2002 i.e. the date of Notification under Section 4 of the Act. This compensation will be on the basis of land value fixed by the Reference Court. The amount as above shall be calculated and deposited before the Reference Court within a period of three months from today.

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C/FA/1213/2016 JUDGMENT

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The compensation awarded by the Reference Court by its judgment and award dated 23^rd April 2015 shall also be deposited by the respondents as per the judgment within three months from today.

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7 The appellants / claimants are entitled to interest at the rate of 9% from the date of issue of Notification under Section 4 for the first year, and thereafter, at the rate of 15% per annum till the compensation amount is deposited before the Reference Court.

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(J.B. PARDIWALA, J.)

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CHANDRESH

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Kalyanbhai Dharamshibhai v. Second Additional Special Land Acquisition Officer

Case brief

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Kalyanbhai Dharamshibhai v. Second Additional Special Land Acquisition Officer

Case brief

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