1. These appeals are filed by the State Government against the judgment and award dated 12.10.2011 passed by the Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos.501 to 507 of 2007 whereby the Reference Court awarded compensation at the rate of Rs.66.10 per sq.mtrs. as additional amount of compensation.
2. The short facts of this case are such that Executive Engineer, Narmada Vibhag at Jambusar, District Bharuch made a proposal to the State Government to acquire the land of village Panchkada, Taluka Jambusar, District Bharuch for the purpose of construction of Panchkada Minor 2 Canal under Narmada Project. Therefore, a notification under Section 4(1) of the Land Acquisition Act (`the Act' for short) was published in government gazette on 4.7.2006. The notification under Section 6 of the Act was published on 8.11.2006. Thereafter, the Special Land Acquisition Officer offered compensation at the rate of Rs.180 per Are. As the compensation was inadequate, the claimants filed references being L.A.R.Nos.501 to 507 of 2007 before the Reference Court, Bharuch.
3. The Reference Court considered the oral evidence of the claimants, and considering the evidence in detail, came to the conclusion that in the case of village Kora, which is just adjoining village and notification under Section 4 was issued on 4.2.2002 whereas in the present case, notification under Section 4 of the Act was issued on 4.7.2006, therefore, there is difference of 4 years and 5 months in between two notifications under Section 4, therefore, considering increase of 10% per year, the amount was awarded by the Reference Court.
4. Heard learned advocates for the parties and perused the papers.
5. On perusing the impugned judgment of the Reference Court, it transpires that the Reference Court relied on the judgment of the lands of village Kora which is adjacent village to village Panchkada. The said judgment of village Kora was challenged before this Court by the State Government and the said first appeals were dismissed. Therefore, the Reference Court was right in relying on the judgment in the case of adjoining village which has attained finality and the Reference Court awarded compensation considering 10% increase per year considering the difference of years between the two notifications.
6. The lands of the same village Panchkada were acquired for which notification was issued on 4.2.2002 and the award passed by the Reference Court in Land Acquisition Reference Case Nos.129 to 140 of 2003 was challenged by the State Government by way of filing First Appeals Nos.3052 of 2012 to 3063 of 2012. The said first appeals were dismissed vide judgment and order dated 15.9.2012.
7. Further, on re-appreciation of evidence produced by the claimants, this Court is of the opinion that the Reference Court has recorded correct findings of fact to which settled principle of law have been applied. No error could be pointed by the learned AGP necessitating interference of this Court with the award impugned in the instant appeals. The learned AGP could not persuade this Court to take a view different than the one which is taken by the Reference Court on appreciation of evidence, Under the circumstances, the appeals are liable to be dismissed.
8. In view of the above, the appeals fail and are dismissed. There shall be no order as to costs.
( M.D.Shah, J ) srilatha