1. This batch of six appeals are preferred by the appellant-ST Corporation against the common judgment and award dated 18-2-2012 passed by the learned Civil Judge(S.D.), Anand, in LAR Nos.1821 of 1994 to 1926 of 1994.As there are identical facts involving common question of law, all these appeals are being decided by this common judgment.
2. Lands of the claimants situated in Village Anand were acquired by the appellant Corporation for S.T.Depot under Sec.4 of the Land Acquisition Act (hereinafter referred to as `the Act') on 9-12-1989. Thereafter, a notification under Sec.6 was issued on 1-9-1990. In pursuance of issuance of notice under Sec.9, the claimants claimed Rs.100/- per sq.mtr. However, the Land Acquisition Officer passed the award on 12-11- 1992 awarding compensation at the rate of Rs.15/- per sq.mtr. The claimants withdrew the amounts under protest and made references under Sec.18 of the Act before the District Court claiming compensation @ Rs.300/- per sq.mtr. which were transferred to the reference court for adjudication. With the consent of the parties, all the LARs were consolidated and were disposed of by recording common evidence in LAR No.1821 of 1994 as the main reference.
3. Before the reference court, the claimants have examined Bhailalbhai Zaverbhai at Ex.25. He has deposed that as all these lands were situated in T.P.Schme No.12, award of Rs.15/- was meagre and hence, they prayed for Rs.300/- per sq.mtr. He has also deposed that Rs.100/- were awarded to one Takor Dalwadi, who preferred reference before the District court when his land was acquired Amul Dairy plant. A copy of said judgment has been produced at Ex.26. He has also produced copies of sale deeds of surrounding lands at Exs.27, 28, 29 and 30. He has also deposed that land was sold by one Mohanlal Syman to Becharbhai Devabhai Gohel on 7-10-1987 @ Rs.166=66 per sq.mtr. And by one Chandrakant Devshankar to Amul Dairy on 17-9-1997 @ Rs.151/- per sq.mtr. He has also deposed that Amul Dairy had purchased land from Natubhai Vinubhai on18-12-1980 @ Rs.153/- per sq.mtr.. According to him, lands purchased by Amul Dairy is falling outside the municipal limits while lands under reference were situated within municipal limits. He has produced a map of surrounding topography at mark 15/7.
4. The appellant Corporation neither examined any witness nor produced any documentary evidence before the reference Court.
5. After appreciating the oral as well as documentary evidence, the reference court partly allowed the references and awarded compensation as mentioned in the earlier part of this judgment which is giving to the present appeals.
6. Heard learned counsel, Mr.Ashish M.Dagli for the appellant Corporation and learned counsel, Mr.G.M.Amin for the respondents claimants.
7. It is submitted by Mr.Dagli for the appellant that the reference court has not appreciated the evidence in true perspective and relied only upon the documents produced by the claimants in enhancing the compensation thereby committed an error and, therefore, the appeals deserve to be allowed. It is further submitted that exorbitant amount is determined by the reference court relying upon certain sale instances, copies of which were produced by the claimants. It is further submitted that the reference court while relying upon the sale instances has not considered the fact that vendee purchased the said land as they were in dire need and hence, committed an error in relying upon those sale instances.
8. Learned counsel, Mr.G.M.Amin for the original claimants, taking this Court through the copy of sale deeds which are part of record, submitted that after considering the documentary evidence more particularly the sale deeds of nearby lands, the reference court determined the compensation which is just and adequate and hence, appeals deserve to be dismissed.
9. This Court has gone through the impugned judgment and award which is the subject matter and has also gone through such evidentiary material to which my attention has been drawn.
10. It is pertinent to note that lands of the claimants are situated near the lands of sale instances, copies of which were produced on record. It is not disputed that the lands purchased by Amul Dairy are situated outside the municipal area of Anand whereas the lands of the claimants are situated within the municipal limits. Further, land of sale deed produced on record at Ex.100 executed in favour of Amul Dairy is situated away from Anand while lands of the claimants are situated in the municipal area. Learned counsel for the appellant has failed to show any apparent error committed by the reference court in awarding compensation. Thus, keeping in mind the relevant factors, I am of the opinion that the amount awarded by the reference Court is just and proper. Hence, all the appeals deserve to be dismissed.
11. All these appeals are, therefore, dismissed. No order as to costs.
[M.D.SHAH,J.] radhan