1. The present First Appeals have been filed by the Appellants under Section 96 of the Code of Civil Procedure read with Section 54 of the Land Acquisition Act (hereinafter referred to as “the Act”) being aggrieved with the impugned judgment and order rendered by the Reference Court [Extra Assistant Judge, Baroda] in Land Reference Case No. 62 of 1976 and 69 of 1976 respectively dated 29.11.1980.
2. As it appears, the land in question was acquired for the purpose of National Highway No.8 outside the Baroda City, for which the Notification under Section 4 was issued on 18.4.1972 and Notification under Section 6 was issued on 30.11.1972.
3. The present First Appeals are infact forming same group of the land acquisition for which the State had preferred First Appeal No. 1097 of 1981 to 1113 of 1981 challenging the impugned judgment and order of the Reference Court dated 4.11.1980 in Land Acquisition Reference No. 52 of 1976 to 69 of 1976. The additional compensation has been awarded to the claimants @ Rs.33000/- per hectare with other statutory benefits available under the Act. First Appeal Nos. 1097 of 1981 to 1113 of 1981 filed by the State came to be dismissed by this Court (Coram: M.R.Shah,J) vide judgment and order dated 5.4.2006 confirming the judgment and order passed by the Reference Court. Similarly, some of the claimants had also filed First Appeal Nos. 1333 of 1981 and 1355 of 1981 and this Court (Coram: Akshay H. Mehta,J) allowed the Appeals by enhancing the award from Rs.33000/- per hectare to Rs.45000/- per hectare along with all statutory benefits vide judgment and order dated 15.11.2006.
The present First Appeals, as stated, are arising out the Land Reference Case No. 62 of 1976 to 69 of 1976 and the lands of the same village have been acquired for the same purpose by the same Notification referred to hereinabove. Therefore, it appears that the Appeals filed by the State have been dismissed whereas the Appeal filed by some of the claimants have been partly allowed for enhancement, and it is in this background, the present First Appeals, which have been filed, are required to be considered.
4. As discussed in the judgment, given by the earlier Bench in First Appeal No. 1355 of 1981 dated 1.12.2006 and First Appal No. 1333 of 1981 dated 15.11.2006 (Coram: Akshay H. Mehta,J) the enhancement has been made and it has been observed:
“The award made by the Reference Court is required to be slightly modified and the market value is required to be enhanced from Rs.33,000/- per hectare to Rs.45,000/- per hectare together with all incidental and statutory benefits including the solatium and interest.
5. Therefore, the Appellants / Original Claimants would also be entitled for enhancement of the award to that extent, i.e. they would be entitled to claim total compensation of Rs.45,000/- per hectare. This can be worked out on the basis of the award which has already been made, which will be deducted from Rs.45000/- per hectare as stated above.
6. In the result, the present First Appeals deserve to be allowed particularly to the aforesaid extent. The Appellants, who are the heirs of deceased Shantaben are entitled to get the compensation alongwith other benefits.
7. The Registry is directed to transmit the R&P and other papers to the Reference Court forthwith for further steps. Rule is made absolute.
(Rajesh H. Shukla,J) Jayanti*