Gujarat HC Upholds ₹531/Sq M For Jamnagar Landowners’ 2003 Acquisition, Citing Supreme Court’s “Nearly ₹531” Observation On Same Survey

In brief

The question

Whether the Reference Court was justified in fixing compensation at Rs. 511 per sq. m. in addition to the Land Acquisition Officer’s award of Rs. 20 per sq. m., based on the Supreme Court’s observations concerning the 1996 acquisition.

The court held

The Corporation’s appeal was dismissed.

It also directed

The claimants’ cross-objection was dismissed as not pressed, in accordance with their stated position.

The Court directed that the amount deposited be disbursed to the claimants immediately.

01Facts

Survey No. 14, Village Dared, Jamnagar, was acquired in 1996 and again, in part, in 2003 for an industrial estate.

pp. 1–3 · ¶ 3–8, 11–12

In the 1996 acquisition, the Supreme Court ultimately confirmed compensation of Rs. 350 per sq. m.; its order was also understood to indicate that the claimants would have been entitled to nearly Rs. 531 per sq. m.

pp. 1–3 · ¶ 3–8, 11–12

In the 2003 acquisition, the Land Acquisition Officer awarded Rs. 20 per sq. m. The Reference Court awarded a further Rs. 511 per sq. m., relying on the Supreme Court’s observations concerning the earlier acquisition.

pp. 1–3 · ¶ 3–8, 11–12

The Corporation appealed against that determination, and the claimants cross-objected, seeking Rs. 750 per sq. m.

pp. 1–3 · ¶ 3–8, 11–12

02Issues

i.Whether the Reference Court was justified in fixing compensation at Rs. 511 per sq. m. in addition to the Land Acquisition Officer’s award of Rs. 20 per sq. m., based on the Supreme Court’s observations concerning the 1996 acquisition.

pp. 3–4 · ¶ 9, 11–13

ii.Whether the claimants’ cross-objection seeking higher compensation should be considered, where the claimants stated that they would not press it if the Corporation’s appeal were dismissed.

p. 3 · ¶ 10 · p. 4 · ¶ 14

03Law Applied

The Court relied on the final determination in the earlier acquisition of part of the same survey number: the Supreme Court had confirmed compensation of Rs. 350 per sq. m. and made observations indicating that the claimants would have been entitled to nearly Rs. 531 per sq. m.

p. 3 · ¶ 11

No statute or separate legal test is identified in the judgment; the Court treated the Supreme Court’s determination and observations concerning the earlier acquisition as the basis for assessing compensation in the later acquisition

pp. 3–4 · ¶ 12–13

Provisions in the judgment · 1

the Act (alias, unresolved) Section 18

04Reasoning

The Court rejected the Corporation’s challenge to the Reference Court’s assessment, including its objection to the increase for the seven-year interval between acquisitions.

pp. 3–4 · ¶ 9, 11–13

It reasoned that the Reference Court had relied on the Supreme Court’s assessment concerning an earlier acquisition of part of the same survey number, which supported a total figure of Rs. 531 per sq. m.—Rs. 511 per sq. m. in addition to the Land Acquisition Officer’s Rs. 20 per sq. m.

pp. 3–4 · ¶ 9, 11–13

The Court therefore found no basis to interfere with the Reference Court’s determination.

pp. 3–4 · ¶ 9, 11–13