1. By filing these appeals under Section 54 of the Land Acquisition Act, 1894 (“the Act” for short) read with Section 96 of the Civil Procedure Code, 1908, the appellants have challenged the legality of common judgment and award dated 05.08.2006 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos. 128 to 137 of 2003 whereby the claimants have been awarded additional amount of compensation at the rate of Rs.36.00 per Sq.Mtr. for their acquired lands over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.3.30 paise per Sq.Mtr. by his award dated 30.09.2002.
2. The Executive Engineer, Narmada Project, Division No.8, Dholka proposed to the State Government to acquire the lands of village Gangad, Taluka Dholka, District Ahmedabad for the public purpose of construction of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands mentioned in the said proposal were likely to be needed for the public purpose. Therefore, a notification under Section 4 of the Act was issued, which was published in the Official Gazette on 20.03.2001. Thereafter, necessary inquiry was conducted under Section 5A(2) of the Act. On the basis of the report submitted by the Special Land Acquisition Officer, declaration under Section 6 of the Act was made, which was published in the Official Gazette on 27.8.2001. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.100/- per Sq.Mtr. However, the Special Land Acquisition Officer, by his award dated 30.09.2002, offered compensation to the claimants at the rate of Rs.3.30 paise per Sq.Mtr. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, the claimants submitted applications under Section 18 of the Act requiring the Land Acquisition Officer to refer their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the references were made to the District Court, Ahmedabad, where they were registered as Land Acquisition Cases referred to hereinabove.
3. On behalf of the claimants, Shri Bharatsinh Amarsang was examined at Exh.30. The witness has deposed that the lands in question were acquired for the purpose of Narmada Project. The witness has deposed that all the acquired lands are equal and fertile land and having irrigation facilities by wells and bore-wells. It is also stated by this witness that the village has milk society, co- operative societies, post office, primary school, pucca road, telephone facilities, etc. The witness has also deposed that the claimants are taking two-three crops and earning net agricultural income of Rs.40,000/- per vigha per year. It is further stated by the witness that the lands of adjoining village Koth were acquired earlier for the said purpose pursuant to notification issued under Section 4 of the Act on 05.02.2000 wherein the Reference Court, by its judgment and award dated 30.12.2005 rendered in L.A. Case Nos. 2 to 21 of 2003, awarded total compensation at the rate of Rs.35.64 paise per Sq.Mtr. Though this witness was cross-examined by the other side, nothing substantial could be brought on record.
On behalf of the appellants, Shardulkumar G. Rajpal was examined at Exh.39. He has deposed that at the time of acquisition of the land in question, he was not working as Deputy Executive Engineer and is deposing on the basis of record. In his cross- examination, this witness has admitted that he has no personal knowledge about acquisition and the village is having almost all facilities. It is also admitted by this witness that the village Koth is situated 4 Kms. away from village Gagad and boundaries of both the villages are common.
4. On the basis of the evidence adduced by the parties, the Reference Court was of the opinion that the previous award of the Reference Court relating to the lands of village Koth (Exhibit 29) was a relevant piece of evidence for the purpose of determining the market value of the lands acquired in the present case. The Reference Court noticed that notification under Section 4(1) of the Act was published in the Official Gazette on 05.02.2000 for acquiring the lands of village Koth whereas in the instant case it was published in the Official Gazette on 20.03.2001 and as there was time gap about one year and one month, the claimants were entitled to reasonable rise in price of lands at the rate of 10% per annum. In the ultimate analysis, the Reference Court has awarded additional amount of compensation at the rate of Rs.36/- per Sq.Mtr. to the claimants by the impugned award, which has given rise to the present appeals.
5. Heard the learned advocates for the parties. This Court has perused the judgment of the Reference Court and other relevant evidence adduced by the parties before the Reference Court.
6. From the record of the case, it appears that the claimants have never claimed enhanced compensation either on the yield basis or comparable sale instances. What was relied upon by the claimants was previous award of the Reference Court relating to the lands of village Koth (Exhibit 29). The fact that the boundaries of two villages are adjoining to each other is not in dispute. It is well settled that previous award of the Reference Court relating to a village, which has attained finality can be considered to be a good piece of evidence for the purpose of determining the market value of similar lands acquired subsequently from the adjoining village. It may be noted that the learned advocate for the claimants has produced a simple copy of judgment dated 07.12.2006 rendered by the Division Bench of this Court in First Appeal Nos.4910 to 4923 of 2006 wherein the award of the Reference Court relating to acquisition of village Koth (Exhibit 29) was under challenge. It indicates that therein the claimants were held to be entitled to compensation at the rate of Rs.35/- per Sq.Mtr. Therefore, this Court is of the opinion that no error was committed by the Reference Court in placing reliance on the previous award of the Reference Court for the purpose of determining the market value of the lands acquired in the instant case. On re-appreciation of the evidence adduced before the Reference Court, this Court is of the view that the finding recorded by the Reference Court that the claimants are entitled to enhanced compensation on the basis of previous award of the Reference Court relating to the lands of adjoining village cannot be interfered with and deserves to be upheld.
7. In view of the aforesaid discussion, the appeals deserve to be dismissed and are accordingly dismissed. The impugned judgment and award of the Reference Court is hereby confirmed. There shall be no orders. The Registry is directed to draw the decree in terms of this judgment as early as possible.
Office is directed to send R & P to the concerned authority.
omkar (BHAGWATI PRASAD, J.)