1. Heard learned AGP, Mr.P.P.Banaji for the appellants and learned advocate, Mr.K.M.Sheth for the respondents.
2. Present appeals are filed by the State Government challenging the common judgment and award dated 21- 4-2010 passed by the learned 4th Addl. Senior Civil Judge, Bharuch, in Land Reference Case Nos.103 to 104 of 2006 and 92 to 102 of 2006 whereby compensation @ Rs.59.85 per sq.mtr. was awarded to the claimants.
3. Lands of the claimants situated in Village Sambheti, Taluka Vagra, District Bharuch were acquired by the Executive Engineer, Narmada Project, Division No.4, for construction of Luvara Branch Canal under Narmada Project. Sec. 4 notification was published on 21-6-2004 in the Government Gazette followed by Sec.6 notification on 20-9-2004. Thereafter, Special Land Acquisition Officer offered compensation @ Rs.3.10 per sq.mtr. vide awarded dated 19-9-2005. As compensation offered to the claimants was very meager, some of the claimants preferred references under Sec.18 of the Land Acquisition Act before the Reference Court numbered as LRC Nos.103 to 104 of 2006 and LRC Nos.92 to 102 of 2006 respectively.
4. The claimants examined Shri Vajsang Dhulabhai Gohil at Ex.19 qua LRC Nos.103 to 104 of 2006 while the claimants of LRC Nos.92 to 102 of 2006 examined Shri Kanaksinh Jaswantsinh Rana at Ex.26. They have deposed that when the claimants, whose lands situated in the Village Kadadara adjoining to the lands of Village Sambheti and having a common boundary acquired, and who were awarded lesser rate of compensation @ Rs.4.05 per sq.mtr. preferred references under Sec.18 of the Act, the Reference Court awarded Rs.37.05 per sq.mtr. in all in Land Reference Case (main) No.637 of 1999 which is produced at Ex.16 and Ex.23. It is further deposed that against the said judgments and awards, the Government has not preferred appeal before the Higher forum.
5. The claimants have also produced copy of judgment rendered in Land Reference Case (Main) No.10 of 2003 at Ex.17 and Ex.24 wherein the claimants therein whose lands situated in Village Janiyadara acquired for public purpose by the Government were awarded Rs.44.45 per sq.mtr. by the Reference Court relying on the judgment and award produced at Ex.16 of the Reference Court rendered in Land Reference Case (Main) No.637 of 1999. The claimants also produced copy of 7/12 extracts at Ex.15 showing that they were reaping agricultural crops.
6. It is submitted by Mr.Sheth for the respondents that in case of adjoining land of Village Kadodara, earlier notification under Sec.4 of the Land Acquisition Act was issued by the Government on 16-7-1997 for the purpose of acquiring lands by ONGC for the road. Subsequently, as far as present references are concerned, Sec.4 notification was issued on 21-6-2004 but it is for the Narmada Project. As far as the previous notification under Sec.4 of the Act is concerned, the claimants have filed the references against the awards passed before the Reference Court and the Reference Court has partly allowed the references. Said awards are not challenged either by the acquiring body or the State of Gujarat by way of appeal before this Court. It is further submitted that the awards passed in the previous references are accepted by the acquiring body and the Government. Moreover, the amount was deposited by the respondents.
7. It is submitted by Mr.Sheth that no evidence could be produced by the State Government though opportunities were given.
8. It is an admitted fact that in the present case, the Reference Court has passed the award on the basis of the awards passed by the Reference Court in Land Reference Case (main) No.637 of 1999 which is produced at Ex.16 and Ex.23 of Village Kadadara and also Land Reference Case (Main) No.10 of 2003 at Ex.17 and Ex.24 of lands of Village Janiyadara. Said awards were accepted by the acquiring body and Government. The awards, which were made the basis for passing of the impugned award by the Reference Court in the present appeals, are not challenged either by the acquiring body or the State Government. Hence, the said awards remained unchallenged.
9. In view of the above, this Court is of the opinion that considering the evidence on record, the Reference Court has rightly considered Exs.16 and 17 as well as Exs.23 and 24 as the relevant pieces of evidence for determining market value of the lands acquired in the present cases and hence, present appeals do not require to be entertained and all these appeals require to be dismissed.
10. All these appeals are accordingly dismissed.
11. Office to place a copy of this judgment in each matter.
radhan [M.D.SHAH,J.]