LawDistill
Supreme Court of India

GUJARAT MINERAL DEV.CORPN vs RAM SANG BHAILALBHAI on 26 February, 2015

Cites 1 provisionsCites 0 judgmentsCited by 0
ReportableC.A. No.-008161-008185 - 2011Official PDFBench Vikramajit Sen, Pinaki Chandra GhoseAdvocates SANJAY KAPUR
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8161-8185 OF 2011
GUJARAT MINERAL DEV.CORPN. Appellant(s)
VERSUS
RAM SANG BHAILALBHAI & ANR. Respondent(s)
WITH
CIVIL APPEAL NO(S). 8147-8160 OF 2011
GUJARAT MINERAL DEV.CORPN. Appellant(s)
VERSUS
SAROJBEN GORDHANBHAI PATEL & ORS. Respondent(s)
O R D E R

Notification under Section 4 of the Land

Acquisition Act, 1894 (in short 'the Act') was

JUDGMENT published in respect of the land at Village Bhuri,

taluka Jhagadia for the purpose of a Lignite Project

as far back on 10th May, 1988. Declaration under

Section 6 of the Act followed on 20th May, 1989. The

Special Land Acquisition Officer awarded compensation

at the rate of Rs.75/- per Are corresponding to Rs.

0.75 paisa per Sq. Mtr. as per the Awards dated

02.03.1990 and 08.03.1990. Being dissatisfied with the

compensation computed by the Special Land Acquisition

Officer, the claimants had raised dispute before the

Reference Court which, after hearing the parties,

increased the compensation to Rs.16.29 paisa per Sq.

Mtr. together with interest and 30 per cent solatium.

This was challenged in the High Court. In the Impugned

Order the learned Division Bench has noted that village

Maljipara and village Bhuri are adjacent to each other;

and their boundaries touching each other. Noting that

the compensation had been finally settled in respect of

the village Maljipara, the Division Bench thought it

appropriate to grant compensation at the same rate. In

doing so it took into account the fact that there was

no evidence showing any distinguishing feature of the

lands between these two villages. We have also perused

the Map in question and we note that the two villages are contiguous to each other, having common boundaries

and are almost at equal distance to village Madhavpara.

We may clarify that so far as the compensation payable

in respect of village Maljipara is concerned, that was

granted on the basis of a Sale Deed in Madhavpara. We

also take note that there is no evidence to show that

any injustice or any illogical conclusion was arrived

at in following the compensation rate applicable to

village Maljipara for the village Bhuri also.

Mr. V. Giri, learned Senior Counsel appearing

for the Appellant has drawn out attention to Kanwar

Singh & Ors. vs. Union of India (1998) 8 SCC 136, and

especially to paragraph 9 therein. This is for the

purpose of contending that merely because the

compensation stood settled so far as village Maljipara

was concerned, that was not sufficient ground to apply

that same rate to village Bhuri. As has already been

noted by us above, this very question had been taken

into consideration in the Impugned Order and the High

Court recorded the finding that there was no evidence

to disclose that the challenged rate of compensation

was, for any discernible factors, higher than what

should have ordinarily been determined for village

Bhuri. Since the High Court has specifically entered on a comparative analysis, this decision does not come

to the aid of the Appellant.

We find no merit in these Appeals, which are

dismissed accordingly.

The amount deposited by the Appellant be

released to the Respondents forthwith.

Notification under Section 4 of the Land Acquisition

Act, 1894 (in short ‘the Act’) was published in respect of

the land at village Rajpardi, taluka Jhagadia for the

purpose of a Lignite Project as far back on 24th February,

1994. Declaration under Section 6 of the Act followed on

14th July, 1994. The Special Land Acquisition Officer

awarded compensation at the rate of Rs.45 per Sq. Mtr. for

non agricultural land and Rs.6 per Sq.Mtr. for agricultural

land as per the Award dated 09.02.1996. Being

dissatisfied with the compensation computed by the Special

Land Acquisition Officer, the claimants had raised dispute

before the Reference Court which, after hearing the

parties, increased the compensation to Rs.26.70 Sq. Mtr.

for agricultural land and Rs.155 per Sq. Mtr. for Non

agricultural land together with interest and 30 per cent

solatium. This was challenged in the High Court. In the

Impugned Order the learned Division Bench has noted that

village Rajpardi and village Madhavpara are adjacent to

each other and are also covered under the same Group Gram

Panchayat. In doing so it also took into account the fact JUDGMENT that there was no evidence showing any distinguishing

feature of the lands between these two villages. We have

also perused the Map in question and we note that the two

villages are contiguous to each other, having common

boundaries. We may clarify that the compensation payable

was computed on the basis of the Sale Deed concerned with

the village Madhavpara. We also take note that there is no

evidence to show that any injustice or any illogical

conclusion was arrived at in following the compensation

rate applicable to village Madhavpara.

Mr. V.Giri, learned Senior Counsel appearing for the

Appellant has drawn our attention to Kanwar Singh & Ors.

vs. Union of India (1998) 8 SCC 136, and especially to

paragraph 9 therein. However, this decision was rightly

not cited before the High Court for the simple reason that

village Rajpardi is adjoining to village Madhavpara, and is

further away from village Bhuri as well as village

Maljipara. The High Court recorded the finding that there

was no evidence to disclose that the challenge rate of

compensation was, for any reason, higher than what should

have ordinarily been determined for village Madhavpara.

We find no merit in these Appeals, which are

dismissed accordingly.

The amount deposited by the Appellant be released to

the Respondents forthwith.