1. The present First Appeal has been filed being aggrieved and dissatisfied with the judgment and award passed by the Additional District Judge, Fast Track Court No.2, Bharuch in Land Reference Case Nos.157 to 168 of 2004 on the ground stated in the memo of Appeal inter alia that the learned judge has erred in awarding additional compensation of Rs.57.40 per sq.mtr. as against the compensation awarded by the Special Land Acquisition Officer at Rs.2.08 per sq.mtr. It is also contended that the learned judge as awarded the compensation relying upon the previous award of Land Reference Case No.2185/1997, however, he has failed to appreciate the material and evidence and also with regard to the market value of the land in question wile applying the same method/criteria of the previous award. It is also contended that the Land Acquisition Officer has passed the award after taking into consideration the five years sale instance of nearby area and comparable instances of the same vicinity, which are available, have not been properly considered by the Court below. It is contended that the yield and the quality of the land is the prime factor for determining the market value and whether the same has been considered or not and both lands are similar is not considered and, therefore, the present Appeal may be allowed.
2. Heard learned AGP, Mr.P.P. Banaji for the appellants and learned counsel, Mr.K.M. Sheth for the respondentsoriginal claimants.
3. The present First Appeal is arising out of the same common judgment and award passed in Land Reference Case Nos.157 of 168 of 2004 by the Additional District Judge, Fast Track Court No.2, Bharuch. First Appeal Nos.780, 781 & 789 of 2011 arising out of the same award have been heard and disposed of by this Court (Coram : J.C. Upadhyaya, J.) vide judgment and order dated 07.03.2011 and the present matter has been left as admittedly stated by both counsel. Therefore, the present Appeal is arising out of the same award in respect of the lands acquired of same Village : Denva and same amount of compensation was awarded by the Land Acquisition Officer, which has been enhanced as per the impugned judgment and award by the Reference Court granting additional compensation @ Rs.57.40 per sq.mtr. As it transpires from the submissions as well as records, land in question in the present Appeal is similarly situated like the lands, which have been referred in earlier three Appeals and as stated, this Appeal has been left even other it is identical in all respects. Further, while deciding and considering the earlier award in Land Reference Case No.2185 of 1997, Reference Court and the Land Acquisition Officer has relied upon the same and the said Award in Land Reference Case No.2185 of 1997 has been confirmed in Appeal by this Court (Coram :
J.M. Panchal & Abhilasha Kumar, JJ) in First judgment and award of the Reference Court, purshis was tendered by the appellants herein that the matter pertaining to the lands of the same Village : Denva and the award passed in other matters has been confirmed and, therefore, no oral evidence is required. It is in these circumstances and the discussion, which has been made by the Reference Court in its judgment, the present Appeal cannot be entertained.
4. Though as discussed, there is time gap between the notification issued under Section 4 of the Act, which was published on 30.04.1994, whereas in the present case, notification has been published on 25.05.2001 i.e. after a gap of seven years. Reference Court has considered this aspect also while considering the additional amount and as required, the Reference Court has taken into consideration the settled principles regarding appreciation in the value of the land @ 10% per annum and on that basis, conclusion has been made and arrived at, which is compensation. Therefore, the comparable award which came to be relied upon by the Reference Court, came to be upheld in appeal even by this Court and having perused the judgment and award as well as order of this Court, as stated above, the present Appeal cannot be entertained and deserves to be dismissed.
5. In the circumstances, as discussed hereinabove, there is no error in the impugned award and this Court is in complete agreement with the findings arrived at and reasons recorded for in arriving at the determination of just and fair amount of compensation.
6. Therefore, the present First Appeal deserves to be dismissed in limine and accordingly stands dismissed.
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(RAJESH H.SHUKLA, J.)