(Per : HONOURABLE MR.JUSTICE C.L. SONI) 1. This appeal filed by the claimant is directed against the common judgment and award dated 18th December, 2003 passed by the learned Civil Judge (S.D.) Ahmedabad (R) @ Gandhinagar (Reference Court). The facts as found from the record are stated as under:
2. Notification under section of the Land Acquisition Act was published on 13.8.1992 for acquiring lands of village Vavol for development of Capital Project. The land of the appellant situated in village Vavol was also covered under the above said notification. Notification under section 6 was published on 9.3.93 and the land acquisition officer passed the award under section 11 of the Act on 10.4.1995.
3. Land Acquisition Officer awarded compensation at the rate of Rs.32.00 per square meter. Since the appellants and other claimants were not satisfied with the said award passed by the Land Acquisition Officer, they requested the Land Acquisition Officer to make reference under section 18 of the Act and demanded Rs.500.00 per square meter. References then were made for adjudicating the claim of the appellant and other claimants and before the reference court, the land acquisition case No. 892 of 1998 was considered as the main case along with other allied matters. Reference Court awarded Rs.178.00 as additional compensation per square meter by judgment and award dated 18.12.2003 and also granted other statutory benefits.
4. As could be seen from the record, this appeal was ordered to be heard with group of appeals being First Appeal No. 2396 of 2005 to First Appeal NO. 2438 of 2005. Said appeals were also filed against the same common judgment and award passed by the Reference Court dated 18th December, 2003. It appears that when the said group of appeals was decided, this appeal was not placed along with those appeals. Said group of appeals came to be decided by the Division Bench of this Court vide common judgment dated 19.9.2011.
5. This Court awarded additional compensation of Rs.293.00 instead of Rs.178.00 as awarded by the reference court. Thus, this Court has fixed Rs.325.00 per square meter as compensation for the lands acquired for the above said project which includes Rs.32.00 awarded by the land acquisition officer.
6. We have heard learned Advocate Mr. Amin for the appellants and Mr. Dave, learned AGP for the respondents. Learned Advocate for the appellant has pointed out that this appeal was in fact left out from the above said group of appeals though this appeal was ordered to be heard with those appeals. Learned Advocate Mr. Amin further argued that the facts of this appeal are similar and identical to the case of above said appeals which are allowed by this court. He further pointed out that in this appeal, the appellant has already claimed additional compensation at Rs.115.00 per square meter over and above the amounts granted by the reference court. He has pointed out that the appellant has in para 7 of the appeal clearly stated that the reference court has awarded Rs.178.00 per square meter as additional compensation and since the appellant is claiming Rs.325.00 per square meter in all for the land in question, the appellant has claimed additional compensation of Rs.115.00 whereon court fee has already been paid.
7. Learned AGP for the respondent State could not dispute the above said position. We have also found that in above group of appeals, this court has examined the very same judgment and award of Reference Court and held that the claimants are entitled to compensation at Rs.325.00 per square meter for lands covered under the same notification. We are, therefore, of the view that the appellant is also entitled to compensation at the same rate i.e. Rs.325.00 per square meter. In view of this position, we declare that the appellant in this appeal is entitled to compensation at Rs.325.00 per square meter in all. Land Acquisition Officer has awarded Rs.32.00 per square meter and Reference Court has awarded Rs.178.00 per square meter as additional compensation and, therefore, we order that the appellants will be entitled to further amount of Rs.115.00 per square meter as additional compensation. Putting it differently, the appellants will now be entitled to further additional compensation of Rs.293.00 per square meter instead of Rs.178.00 per square meter as awarded by reference court. Appellants will also be entitled to other statutory benefits under sec.23(1)(A), 23(2) and 28of the Act. The appellants shall be entitled to these statutory benefits on the additional amount of compensation awarded. Accordingly, this appeal is allowed. Judgment and award of the reference court stands modified accordingly. There shall be no order as to costs. Additional compensation awarded by this court to the appellants shall be deposited in the reference court within eight weeks from today.
(Akil Kureshi,J.) (C.L. Soni,J.) an vyas