1. These appeals under Section 54 of the Land Acquisition Act,1894 have been preferred by the appellants – original opponents – Special Land Acquisition Officer, Bharuch and another challenging the impugned judgment and award dated 14.9.2007 passed by learned Additional District Judge, Fast Track Court No.3, Bharuch in Land Reference Case Nos.638 of 1998 to 640 of 1998 and 217 of 1998 to 221 of 1998, by which, learned Reference Court has awarded additional compensation at the rate of Rs.38.70 ps. per sq.meter.
2. Mr.P.P.Banaji, learned Assistant Government Pleader appearing on behalf of the appellants has taken the Court to the impugned judgment and award passed by learned Reference Court as well as to the relevant evidence. The land in question was acquired in the year 1996. Notification under Section 4 of the Land Acquisition Act was published on 22.3.1996 and Notification under Section 6 of the Land Acquisition Act was published on 30.9.1996. That the Land Acquisition Officer under Section 11 of the Land Acquisition Act declared award on 30.08.1997 and awarded compensation at the rate of Rs.3.30 sq.meter for irrigated land and Rs.2.20 sq.meter for non- irrigated land.
3. Being aggrieved by and dissatisfied with the award declared by the Special Land Acquisition Officer, the claimants submitted Reference Applications, which were sent to the Reference Court. The claimants relied upon previous award of adjacent land situated in Village : Intola passed in Land Acquisition Reference No.1285/1997, which was produced at Exh.147 and for the land acquired in the year 1992 the Reference Court awarded compensation at the rate of Rs.30/- per sq.meter. The claimant also relied upon the previous judgement and award of the same Village:Ashnera, which was produced at Exh.25 passed in Land Acquisition (Main) Case No.1746/1997, whereby learned Reference Court awarded compensation at the rate of Rs.32/- per sq.meter. Relying upon the aforesaid judgment and award of the villages Intola and Ashnera which are situated at a distance of one and half kms and three kms. respectively the Reference Court determined the market value of the land at the rate of Rs.42/- per sq.meter and awarded additional compensation at the rate of Rs.38.70/- per sq.meter and consequently learned Reference Court has directed the appellants to pay additional compensation at the rate of Rs.38.70/- per sq.meter along with all consequential benefits available to the original claimants. Being aggrieved by and dissatisfied with the impugned judgment and award passed by Reference Court, the appellants – original opponents have preferred these appeals.
4. Heard learned AGP Mr.Banaji for the appellants and learned advocate Mr.K.M.Sheth for the opponents.
5. Learned advocate Mr.Sheth for the opponents relied on the judgment and order passed in First Appeal Nos.5 of 2011 and 6 of 2011 by this Court (Coram:M.R.Shah,J) on 10.1.2011, whereby the appeals were dismissed.
6. On perusing the said judgment, it transpires that those appeals were filed challenging the Land Reference Case Nos.467 of 2001 to 475 of 2001 which were in respect of the lands acquired of village Nahiyar. In that case, the learned Reference Court has awarded Rs.39/- per sq.mtr. over and above the award passed by the Land Acquisition Officer. The said award is confirmed by this Court in the above referred First Appeals. The impugned judgment and award is also in respect of the same village Nahiyar and the learned Judge has awarded Rs.38.70 ps. in addition to the compensation awarded by the Land Acquisition Officer, which, in the opinion of this Court, is not required to be interfered with by this Court.
5. In view of the above, these appeals fail and the same deserve to be dismissed and are accordingly dismissed.
[M.D.SHAH,J] srilatha