HC directs state to pay compensation for acquired land

A division bench of the Gujarat High Court comprising justice Mohit Shah and KM Thakker in its recent order has asked the special land acquisition officer, to pay compensation at the rate of Rs60 per sq metre to people who lost their land which was acquired by the state government.

Their land at Vejalpur village in Bharuch had been acquired by the government for construction of residential quarters for employees of the police department.The court has also asked the government to pay compensation at the rate of Rs 60 per sq mtr with interest at the rate of 9% per annum for a period of one year from the date of taking procession of the land and thereafter at the rate of 15% per annum till the date of payment.

As per the case details, land measuring 20,992 sq metres in Vejalpur village of Bharuch was acquired by the government for construction of residential quarters for employees in the police department. The land was acquired in 1984.  As against the appellants claim for compensation at the rate of Rs400/per sq mtr, the land acquisition officer offered compensation at the rate of Rs20/per sq mtr.

Later the people whose land had been acquired challenged the decision in the local court in Bharuch.  In the reference made at the instance of the appellants, the assistant judge Bharuch determined the market value of the lands at the rate of Rs40 per sq/mtr.

However, no reference was made in the local court judgment about the compensation awarded for tress, well and water pool. Yogesh Ravani, counsel for the applicants challenged the judgment of the local court on the grounds that appellant claimants had examined Ismailbhai Ibrahimbhai as their witness for producing documentary evidence of sale instances for comparable lands. However, the local court stated that it had not examined any witness.