The present First Appeals have been filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code challenging the judgment and award passed by the Reference Court (5th Additional Senior Civil Judge, Bharuch) dated 16.06.2010 in Land Reference Case Nos.445/2001 to 458/2001 (main Land Reference Case No.445/2001) on the grounds stated in the memo of first appeals.
Heard learned AGP Mr.Devang Dave for the appellants-State and learned counsel, Mr.M.M. Saiyed for the respondents-original claimants.
Learned AGP Mr.Dave has tried to submit that the claimants have failed to discharge their burden with regard to the nature of the land, yield etc. It is also submitted that the Court below has committed an error in comparing two lands on the basis the previous award in case of Village : Sudi. It is, therefore, submitted that the enhancement should not be made to the tune of Rs.66.50 per sq.mtrs., which is on higher side.
Learned counsel, Mr.Saiyed has referred to and relied upon the judgment of this Court delivered in First Appeal No.3839/2011 and submitted that in respect of some land acquired for the same purpose, the State has preferred Appeal, which has not been entertained, to which, learned AGP has not been able to dispute on facts. Learned counsel, Mr.Saiyed has submitted that the Reference Court has considered relevant aspect like nature of land, situation, the prospect of the development and the previous award in respect of other land of Village : Sudi. He has also referred to the above judgment of this Court in First Appeal No.3839/2011 and submitted that as this Court has declined to interfere with the acquisition of the land and the Award of the Reference Court for the land of same village, the present Appeal may not be entertained.
In view of the rival submissions, it is required to be considered whether the present First Appeals can be entertained or not.
As it transpires from the impugned award, the lands of the original claimants situated at Village : Vachhanad, Bharuch were acquired for the construction of Vachhanad Minor-2 Canal under Narmada Project by issuing notification under Sections 4 and 6 of the Land Acquisition Act dated 09.01.1998 and 05.12.1998 respectively. Thereafter, the Land Acquisition Officer vide his award dated 30.06.1999 awarded compensation for an amount of Rs.300/-. Against which, the original claimants have preferred above referred References under Section 18 of the Land Acquisition Act for enhancement of the claim. The Reference Court after considering the relevant aspects including the quality/fertility of the land, yield as well as prospect of the development and the previous award in respect of other nearby lands of Village : Sudi, has passed the award for additional compensation at the rate of Rs.66.50 per sq.mtrs.
As it is evident from the material and evidence that the Reference Court has considered in detail with regard to the relevant aspects like nature of land, yield and/or prospect of development. The Reference Court has also taken into consideration the previous award in respect of the land of Village : Sudi and found that it is assessment to the land in question acquired in the present case of Village : Sudi, which is adjacent to the land in question, which cannot be said to be erroneous. It is well accepted that the previous award in respect of similar land or land, which is adjacent and situated nearby could also be considered as a guide for arriving at market value. Therefore, considering the facts and circumstances as well as rival submissions as also the impugned award, it cannot be said that the Court below has committed any error. Therefore, this Court is in complete agreement with the findings, reasonings and conclusion arrived at by the Reference Court, which does not call for any interference. Accordingly, the First Appeals deserve to be dismissed and accordingly stand dismissed.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top