COMMON ORAL JUDGMENT 1. The appellants have challenged the common judgment and award dated 13.5.2005 passed by the learned Joint District Judge, Fast Track Court, Bharuch in Land Reference Case Nos.135 of 1998 and 136 of 1998 alongwith other References. By which, the Reference Court has awarded compensation of the land at the rate of Rs.18/- per Sq.Mtr. The Reference Court has given judgment in Land Reference Case No.135 of 1998 to 141 of 1998. The appellants are challenging the aforesaid common judgment and other qua Land Reference Case Nos. 135 of 1998 136 of 1998.
2. The lands of the claimants are situated at village Kapodara, Taluka Ankleshwar, District Bharuch and the same were acquired for the purpose of widening the National Highway No.8 for the starch of Baroda-Surat-Mumbai for converting the 2 lane road into 4 lane road. The Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act” for short) was published on 26.12.1991. Thereafter, Notification under Section 6 of the Act was published on 3.12.1992 and the Land Acquisition Officer by his award dated 31.12.1993 was pleased to award Rs.9/- per Sq.Mtr., for agricultural lands and Rs.11/- per Sq.Mtr. for non-agricultural land.
3. Being aggrieved by and dissatisfied with the aforesaid award of the Land Acquisition Officer, the claimants have preferred References before the District Court for enhancement of the compensation under Section 18 of the Act and the said References were numbered as Land Reference Case Nos. 135 of 1998 to 141 of 1998 and the evidences were led in main Reference Case No.135 of 1998/ The Reference Court after considering the documentary and oral evidences and considering the previous award, by his judgment and award dated 13.5.2005 was pleased to award an amount of Rs.18/- per Sq.Mtr. for all the lands. The appellants have challenged the said judgment and award by way of these First Appeals.
4. Mr. Trusha Patel, learned Assistant Government Pleader for the appellants, submits that the compensation fixed at Rs.18/- per Sq.Mtr. is little bit higher looking to the earlier award relied on by the Reference Court.
5. Mr. Jitendra M. Patel with Mr. Jayraj Chauhan, learned counsel appearing for the respondents, submits that the impugned judgment and award passed by the Reference Court is quite legal and proper and it is consistent with the oral and documentary evidences on record and also in consonance with the previous award and submitted that both these appeals are required to be dismissed.
6. Heard the learned counsel for the parties. With the consent of the learned counsel for the parties, the matters wee taken up for final disposal.
7. In the present case, the Reference Court has relied on the judgment and award of the learned Assistant Judge, Bharuch rendered in Land Reference Case No.281 of 1986 dated 21.4.1989, which has been produced at Exh.28. The said award was pertaining to the land of village Gadkhod and Piramal and in the said award, the lands were acquired for the purpose of Gujarat Industrial Development Corporation. The Reference Court in the said award awarded compensation at the rate of Rs.7.90 ps. per Sq.Mtr. It was submitted on behalf of the appellants that Notification in the said award is dated 22.1.1979, while in the present case, the notification under Section 4 is dated 3.4.1992. As there was a time gap of more than 12 years, the calculation by the learned Judge in the impugned order at the rate of 10% per year is required to be increased. The learned Judge has also compared the situation of the land, which is similar to the present case as these lands are situated in the sim of village Kapodara, which is adjacent to the aforesaid two villages referred in the previous Reference and also observed that the land of village Kapodara is situated adjacent to National Highway No.8 and part of the land is acquired for widening of 4 lane road in place of 2 lane road.
The Reference Court has also considered the judgment and award rendered in Land Reference Case No.149 of 1998, in which, the sale deed was dated 11.2.2003 and the Court has fixed the compensation at the rate of Rs.37/- per Sq.Mtr. on 11.2.2003. After considering that sale instance, the Reference Court has come to the conclusion in the present case that the market value of the land comes to Rs.18/- per Sq.Mtr., in the year 1992.
8. I have considered the oral and documentary evidence on record and also considered the earlier Land Reference Case No.281 of 1986 dated 21.4.1989 at Exh.28 and Land Reference Case No.424 of 1998 at Exh.27, in which sale instance of sale deed dated 11.2.2003 was taken into consideration for determining the market value of the acquired land; and after considering the evidence, the Reference Court has granted compensation at the rate of Rs.37/- per Sq.Mtr. in the said award. Applying the principle of addition and deduction of 10%, amount of Rs.18/- per Sq.Mtr., determined by the learned Judge is not just and reasonable compensation, but looking to the situation of the land and difference of years between acquisition, I believe that just, proper and reasonable valuation of the land would be Rs.15/- per Sq.Mtr., because of the reason that in the present case, acquisition is of the year 1992, as referred in the aforesaid two references, the market value in 1979 was less and due to the GIDC project in vicinity the market value of the land has increased considerably but in other sale instance, which is of 2003, the value paid for the purchase of the land is exorbitant and inflationary and is not reasonable market value which prudent man can offer. Therefore, I believe that the compensation for the land in question would be fixed as above referred and judgment and award passed by the learned Judge is required to be modified accordingly, in the interest of justice.
9. In view of the aforesaid facts and circumstances of the case, both the First Appeals are partly allowed. The judgment and award of the Reference Court is hereby modified by reducing the market value of the land from Rs.18/- per Sq.Mtr. to Rs.15/- per Sq.Mtr.
Other part of the judgment and award is maintained and not disturbed. Accordingly, the amount of compensation fixed by this Court, if not deposited, to be deposited by the appellants within three months from the date of this order before the Trial Court and the Trial Court is directed to disburse the amount of compensation as per the judgment and award after proper identification of the claimants. 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.)