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Judgment
Honourable Mr. Justice Rajesh H. Shukla
The present first appeals have been filed by the appellants original claimants being aggrieved by the impugned judgment and award passed by the learned Asst. Judge, Surendranagar dated 31.5.1994 in Land Reference Cases Nos. 36/81 as well as 37/81 on the grounds stated in the appeals. The facts briefly stated are that the lands of the appellants original claimants were acquired for construction of S.T. Depot at Limdi and the Land Acquisition Officer has awarded Rs. 1.75 per sq.mt. which was challenged by the appellants original claimants by way of the aforesaid references and the Reference Court enhanced to the extent of additional compensation of Rs. 0.50, which has been assailed in the present appeals.
Heard learned advocate Ms. Vinita Vinayak for learned senior counsel Mr. P.M. Thakkar for the appellants and learned AGP Mr. Ronak Raval for the respondents.
Learned advocate Ms. Vinayak has submitted that the court below has failed to appreciate about the situation of the lands and the potential for development. She has submitted that it was grossly undervalued as the lands were acquired for construction of S.T. Depot at Limdi which was near the highway and therefore the present appeals may be allowed.
Learned AGP Mr. Raval however submitted that the Reference Court has after considering the relevant aspects about the situation of the lands as well as potential development has substantially enhanced the compensation and therefore the present appeals may not be entertained.
Learned advocate Ms. Vinayak has stated that in fact what has been claimed is revision in the compensation as per the situation of the lands and it should be just compensation.
In view of rival submissions, it is required to be considered whether the present appeals can be entertained or not.
It is not in dispute that the lands in question acquired for construction of S.T. Depot at Limdi would be abutting the highway. Further, the submissions and the record clearly suggest and Limdi Development Plan was also referred. Therefore, considering the potentiality for development and the location and situation of the lands acquired, the court is of the opinion that revision in the compensation is required to be granted as just compensation has to be awarded to the appellants-claimants.
It is well accepted by catena of judicial pronouncements referring to the principles of eminent domain that the right to property or land may not be a fundamental right, but it is an important right for which a person may be compensated when his lands are acquired for any public purpose. Therefore, striking a balance between the rival claims of the authority that the lands are acquired under the Act for public purpose and the appellant or the claimants will get just compensation, it is desirable that the present appeals are allowed and the impugned judgment awarding enhancement of compensation to the extent of Rs. 0.50 is substituted by awarding additional compensation of Rs. 3.50 per sq.mt.
Therefore, the impugned judgment and award passed by the Reference Court in Land Reference Case Nos. 36/81 and 37/81 awarding enhanced compensation of Rs. 0.50 per sq.mt is modified and substituted as Rs. 3.50 per sq.mt.
Accordingly, the appeals stand allowed. The respondent authority shall take necessary steps for deposit and disbursement of the amount awarded expeditiously and preferably within six months. R&P is ordered to be sent back to the Reference Court for further calculation and disbursement of the amount of compensation awarded.