The present group of First Appeals have been filed under sec. 54 of the Land Acquisition Act, 1894 read with sec. 96 of the Civil Procedure Code, 1908 being aggrieved with the impugned judgment and order passed in Land Reference Case Nos. 1124/99, 1128/99, 1133/99, 1136/99 and 330/2001 by the Addl. Sr. Civil Judge, Bharuch, dated 21.8.2009 on the grounds stated in these appeals. 2. The brief facts of the case are that the lands of the respondents-original claimants are situated at Village Uber, Tal. Jambusar, Dist.Bharuch which have been acquired for public purpose under Narmada Project vide Land Acquisition Case No. 26/95 and other allied matters. The notifications under sec. 4 and 6 of the Land acquisition Act were published on 16.2.96 and 8.8.96 respectively. Thereafter, under sec. 11 of the Act the award for compensation was made to the tune of Rs. 2 per sq.mt. by the Land Acquisition Officer. Aggrieved with the said award, a reference was made before the Reference Court by the respondents-original claimants under sec. 18 of the Land Acquisition Act. The Reference Court, on the basis of the material and evidence on record, has passed the impugned order enhancing and awarding additional compensation at the rate of Rs. 39 per sq.mt. for the acquired lands, which is assailed in the present group of first appeals on the aforesaid grounds.
3. Heard learned AGP Mr. Banaji for the appellants as well as learned advocate Mr. K.M. Sheth for the respondents-original claimants.
4. It is stated that these are the matters which have been left out of another group of matters with regard to the same acquisition of lands of the same village for which First Appeal Nos. 1027 of 2011 with First Appeal No. 1032/2011 with First Appeal No. 1033 of 2011 have been disposed of by this Court (Coram: J.C. Upadhyaya, J.) vide judgment and order dated 24.3.2011. As it transpires from the impugned judgment and award of the Reference Court as well as from the order of this court in the aforesaid group of matters, a detailed discussion has been made with regard to the relevant criteria or the aspects which are required to be considered, and while disposing of the aforesaid group of matters by this court, this Court has made the following observations:
“I have perused the copy of the judgment rendered by this Court dated 11.01.2011 in First Appeal Nos.44 of 2011 to 53 of 2011. There is no dispute that in both the cases, the lands of the same village namely Village : Uber came to be acquired for the identical public purpose of Uber Branch Canal under Narmada Project. In the instant case, the Notification under Section 4 of the Act came to be published 16.02.1996 whereas in the earlier case the Notification under Section 4 of the Act came to be published on 06.05.1995. The lands are situated in the same village, it is true that there is difference of time gap of 9 months, but considering the overall facts and circumstances of the case, this Court is of the opinion that the respondents (claimants) in the instant three appears are entitled to get just and fair amount of compensation at the rate of Rs.38 per sq.mtr inclusive of compensation already awarded by the Special Land Acquisition Officer. I have perused the reasoning assigned in the aforementioned common impugned judgment and order dated 11.01.2011 rendered by this Court in First Appeal Nos.44 of 2011 to 53 of 2011, it clearly transpires that those reasons squarely apply in the instant three appeals.”
It has been further observed, “For the foregoing reasons, the appeals succeed in part and they are partly allowed. The impugned common judgment and award passed by the learned 4th Additional Senior Civil Judge and Judicial Magistrate First Class, Bharuch qua the respondents in these appeals is hereby partly modified to the extent that respective respondents – claimants are entitled to get compensation of their lands acquired at the rate of Rs.38 per sq.mtr., inclusive of compensation already awarded by the Special Land Acquisition Officer. Rest of the common judgment and award passed by the Reference Court is hereby confirmed. The present appeals are partly allowed to the aforesaid extent only. There shall be no order as to costs.”
5. It is in this background, since this group of appeals are left out at the relevant time when the aforesaid matters were disposed of, the present first appeals are required to be considered in light of the aforesaid observations and the present appeals also deserve to be allowed. The impugned judgment and award passed by the learned 4th Addl. Sr. Civil Judge, Bharuch, qua the respondents in these appeals is hereby modified to the extent that the respective respondents- original claimants are entitled to get compensation for the lands acquired at the rate of Rs. 38/- per sq.mt. inclusive of the compensation which has already been awarded by the Land Acquisition Officer. Rest of the common judgment and award passed by the Reference Court is hereby confirmed.
6. The present first appeals accordingly stand allowed partly to the aforesaid extent only. There shall be no order as to costs.
(Rajesh H. Shukla, J.) (hn)