The present First Appeal has been filed by the appellants challenging the impugned judgment and award dated 06.07.2009 passed by the Learned Additional District Judge, Fast Track Court No.2, Bharuch in Land Reference Case Nos.489 to 500 of 2005 on the grounds mentioned in the memo of First Appeal.
The facts of the case briefly stated are that the land of the original claimants situated in the sim of Village Occhan, Bharuch was acquired for the public purpose of Ochhan Pahaj Badalpura Minor Canal Vishakha Canal under the Narmada Project. The notifications under section 4 & 6 of the Land Acquisition Act, 1894 were published on 05.04.2004 and 07.07.2004 respectively. After following due procedure, the Special Land Acquisition Officer by his award dated 16.11.2004 awarded compensation for the acquired land at the rate of Rs.6.30 per Sq.Mtrs. for the acquired land. Against the said award of the Special Land Acquisition Officer, the original claimant filed Reference under Section 18 of the Land Acquisition Act before the Court of Additional District Judge, Bharuch being Land Reference Case No.492 of 2005 along with others. The Reference Court passed the impugned award, which has been assailed in the aforesaid First Appeal on the grounds mentioned in the memo of appeal.
Heard learned AGP Mr.P.P. Banaji for the appellants and learned counsel, Mr.K.M. Sheth for the respondent.
Learned AGP Mr.Banaji has submitted that the Reference Court ought to have seen that the claimant has failed to prove that the compensation awarded by the special land acquisition officer is inadequate and not proper. He further submitted that the learned Judge ought not to have placed much reliance upon the previous award of the another land but ought to have placed reliance upon the comparable sale instance of the same village or near vicinity. Learned AGP Mr.Banaji has submitted that the Reference Court has also failed to appreciate that quality and fertility of the land also is a factor to be considered, which has not been considered. Similarly it has been contended that the learned Judge ought to have taken into consideration the comparable sale instance and ought not to have followed the previous award.
Learned counsel, Mr.Sheth has referred to the papers and submitted that in the villages including the village Muler and other villages of the vicinity like Kesswan as well as Ochhan, the lands have been acquired. He submitted that considering the situation of the land as well as yield of the land, this Court in a similar case has also passed an order dismissing the First Appeal. For that purpose, he has referred to the order passed by this Court (Coram : K.S. Jhaveri, J.) in First Appeal No.2440/2011 dated 25.08.2011 and submitted that in that case also, the State had challenged the order passed by the Reference Court but the said Appeal has not been entertained and the award of the compensation to the tune of Rs.53.50 per Sq.Mtrs. has been maintained. He, therefore, submitted that considering the development in the price, the impugned award cannot be said to be erroneous and the conclusion arrived at is just and proper.
In view of the rival submissions, it is required to be submitted whether the present First Appeal can be entertained or not.
As discussed earlier, other group of matters arising out of the same award delivered by the Reference Court in Reference case being Land Reference Case No.489 of 2005 was assailed before this Court by way of First Appeal No.2440 of 2011 and this Court by order dated 25.08.2011 has dismissed the said Appeal and upheld the impugned award of the Reference Court after considering very issues or the contentions, which have been advanced. It is required to be mentioned that in the main Reference Case No.489/2005, discussion has been made with regard to the nature of the land, yield/crop as well as vicinity of the land acquired. In the present case, the land acquired is of the same village : Occhhal, for which, the award has been made. In fact, other acquired lands of the same village have been challenged as stated above in the First Appeal No.2440 of 2011 and this Court has declined to interfere. Further in First Appeal No.2475/2011 to 2485/2011 in respect of another village : Kesswan, this Court has declined to interfere.
In the facts and circumstances and considering the entire material and evidence and considering the rival submissions, when the Reference Court has relied upon previous award in main Land Reference Case No.489 of 2005 and has awarded additional compensation for the land in the same village, there is no reason to interfere with the impugned award of the Reference Court, which has also not been disturbed when it has been assailed by way of First Appeal no.2440 of 20111.
Therefore, having regard to the aforesaid aspect and considering the time gap as well as also keeping in mind the fact that increase of 10% is required to be added for the price rise of the land, the amount of Rs.53.50 per Sq.Mtrs. awarded as additional compensation is just and proper. Therefore, this Court is in complete agreement with the findings arrived at and the reasons adopted for the award, which does not call for any interference by this Court.
Therefore, the present First Appeal deserves to be dismissed and accordingly stands dismissed. No order as to costs.
(RAJESH H.SHUKLA, J.) /patil Top