(Per : HONOURABLE MR.JUSTICE C.L. SONI) 1. This appeal is filed by the State questioning the common judgment and award passed by the Principal District Judge Mehsana (Reference Court) whereby the Land Reference Cases No.733 to 774 of 2004 were decided. This appeal is filed against the judgment and award passed in LRC No. 764 of 2004 which was part of the above said Land Reference Cases. It appears that by order dated 22.10.2010, this appeal was ordered to be heard along with First Appeal No.749of 2010 and other allied matters. The First Appeal NO.749 of 2010 and other allied appeals were directed against rest of the above said reference cases.
2. As found from the record, acquisition of the lands at village Maktupur was for the purpose of Project of Sabarmati Canal Scheme. Section 4 notification was published on 20.12.2001 and the notification under section 6 of the Act was published on 18.4.2002. Land of the present respondents original claimants situated at village Maktupur were also covered under the said notifications. The award was passed by the Special Land Acquisition Officer under section 11 of the Act on 26.5.2003 and the compensation awarded was at Rs.15.00 per square meter. Initially, the appellant and other claimants demanded Rs.50.00 per square meter before the Reference Court. However,subsequently, enhanced their claim to Rs.500.00 per square meter. The Reference Court awarded compensation at Rs.305.00 per square meter as additional compensation with other statutory benefits of solatium, interest etc.
3. We have heard learned A.G.P. Ms.Moxa Thakkar for the appellants and Mr. Harnish V. Darji, learned advocate for the respondents claimants. We find that the facts of this appeal are similar and identical to the facts of the above stated group of appeals decided by the Division Bench of this Court by judgment and order dated 22.6.2011 and, therefore, the outcome of this appeal will be governed by the decision rendered in the above said group of appeals. In those appeals, the Division Bench of this Court held that the valuation for the land of village Maktupur can be made on the basis of the market price assessed by this Court for the adjacent village Brahmanvada whose boundaries are touching to Unjha City. While taking note of the another aspect as regards decision given in First Appeal NO. 2794 of 2009 wherein notification under section 4 was published on 27.8.2002, the Division Bench found that the valuation made for the land at village Brahmanvada could be taken as basis for the correct valuation of the land at village Maktupur. Ultimately, Division Bench held that Rs.318.50 ps. per square meter could be the basis of the valuation for the purpose of fixing compensation in respect of the acquisition of lands at village Maktupur. The Division Bench then considering the distinction made by the Land Acquisition Office, appropriately reduced the amount by reducing Rs.15.00 per square meter from the above said amount and thereafter, comparing the location of the land of village Brahmanvada slightly away from Unjha City and considering the location of village Maktupur, the Division Bench considered to give additional benefit of 5% to the value of the land arrived at Rs.265.00 per square meter and the benefit which come to Rs.13.25 ps. per square meter was then rounded up to Rs.13.00 and added to Rs.265.00 so as to arrive at the total compensation at Rs.278.00 per square meter. The aforesaid valuation was fixed by the Division Bench in respect of the land covered under notification published in August, 2002 but so far as the land of the present respondents claimants covered under section 4 notification dated 20.12.2001 are concerned, the Division Bench reduced the valuation done as aforesaid by 7.5 % on the principle of reduction in valuation at the rate of 10 per cent per annum. Such reduction was thus fixed at Rs.20.85 ps. per square meter which was rounded up to Rs.21.00 per square meter and deducted from the valuation of Rs.278.00 per square meter. Ultimately, the Division Bench
Appeal No. 749 to 787 of 2010 which were filed against the same judgment and award against which the present first appeal is filed as stated above. On the basis of the aforesaid valuation, ultimately, the Division Bench held that the claimants would be entitled to the above said compensation at Rs.257.00 per square meter and after deducting therefrom Rs.15.00 per square meter awarded by the Special Land Acquisition Officer, the Court ordered that the additional compensation be paid to the claimants at the rate of Rs.242.00 per square meter with other statutory benefits and allowed all the appeals accordingly.
4. In view of the above said judgment and award passed by the Division Bench, this appeal is also required to be partly allowed and it is accordingly partly allowed and the respondents claimants are held entitled to additional compensation of Rs.242.00 per square meters plus the statutory benefits under section 23(1-A), 23(2) and 28 of the Act. Impugned judgment of the Reference Court stands modified accordingly with no order as to costs. The amount of compensation, if not deposited, shall be deposited within a period of eight weeks from the date of receipt of the order.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas