Case Note & Summary
The appellant, Hasmukhlal Amrutlal Kalubhai Premjibhai Padhra, filed a first appeal under Section 54 read with Section 96 of the Code of Civil Procedure, 1908, challenging the award dated 25.10.2017 passed by the learned Principal Senior Civil Judge, Junagadh, in Land Reference Case No.79 of 2003 with allied LRC No.76 of 2003. The Reference Court had determined the market value of the acquired land at Rs.100 per sq. mtr. and granted additional compensation at Rs.96.62 per sq. mtr. for Bagayat land. The appellant, who had purchased the land from the original owner (respondent No.3), sought enhancement of compensation. At the outset, the appellant's counsel, Mr. Sanjay M. Amin, stated that respondent No.3 was not required to be joined as a party since the appellant had already received the award amount as per Form No.G. The court permitted deletion of respondent No.3. The parties submitted that a Division Bench of the Gujarat High Court, vide order dated 18.04.2022 in First Appeal No.3099 of 2019 with allied matters, had allowed similar appeals arising from the same common judgment and award, enhancing the compensation. The appellant sought an identical order. The court, considering the submissions and the Division Bench decision, allowed the appeal and directed that the appellant be entitled to the same enhanced compensation as determined in the Division Bench order. The court also directed that the amount of compensation be deposited within eight weeks and that the appellant be entitled to statutory benefits under the Land Acquisition Act, 1894. The appeal was disposed of accordingly.
Headnote
A) Land Acquisition - Compensation Enhancement - Section 54 read with Section 96 of CPC, 1908 and Section 18 of Land Acquisition Act, 1894 - The appellant, a purchaser of acquired land, sought enhancement of compensation awarded by the Reference Court at Rs.100 per sq. mtr. with additional compensation of Rs.96.62 per sq. mtr. for Bagayat land - The High Court, following a Division Bench decision in First Appeal No.3099 of 2019 dated 18.04.2022, allowed the appeal and directed compensation at the enhanced rate determined therein - Held that the appellant is entitled to the same enhanced compensation as other claimants in similar matters (Paras 1-6).
Issue of Consideration
Whether the appellant is entitled to enhanced compensation for acquired land at the rate determined by the Division Bench in a similar matter.
Final Decision
Appeal allowed. The appellant is entitled to the same enhanced compensation as determined by the Division Bench in First Appeal No.3099 of 2019 dated 18.04.2022. The amount of compensation shall be deposited within eight weeks. The appellant is entitled to statutory benefits under the Land Acquisition Act, 1894.
Law Points
- Land Acquisition Act
- 1894
- Section 18
- Section 54
- Code of Civil Procedure
- 1908
- Section 96
- enhancement of compensation
- market value determination
- Bagayat land
