(Per : HONOURABLE MR.JUSTICE Z.K.SAIYED) 1. As all the appeals are arising from the common judgment and award passed by the Reference Court, they are being considered by this common judgment.
2. The short facts are that lands at Village : Bhunav, Taluka : Unza, Dist. Mehsana, for the project of Sabarmati Jalasaya Yojana, Main Canal, were to be acquired under the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act'). Notification under Section 4 was published on 06.09.2001 and notification under Section 6 was published on 28.03.2002. The award was passed by the Land Acquisition Officer under Section 11 of the Act on 26.05.2003 and he awarded compensation at Rs.11/ per sq.mtr. for nonirrigated land and Rs.16/ per sq.mtr., for irrigated land. As the claimants were not satisfied with the said compensation, they raised disputes under Section 18 of the Act and demanded additional compensation of Rs.200/ per sq.mtr. Such disputes were referred to the Reference Court for adjudication being Land Acquisition Reference Case Nos.1973 to 1998 of 2003 and thereafter they were renumbered as Land Reference Case Nos.168 to 193 of 2005. The Reference Court, at the conclusion of the references, awarded additional compensation at Rs.164/ per sq.mtr., including the compensation as per the award of the the Land Acquisition Officer. The Reference Court has held claimants to be entitled to get the amount of solatium at the rate of 30% on the additional amount of compensation as also to increase under Section 23(1A) of the Act from the date of the award. Under the circumstances, the State has come up with the present appeals challenging the additional compensation awarded to the claimants.
3. We have heard Mr.Niraj Ashar, learned AGP for the appellants and Mr.A.V.Prajapati, learned Counsel for the opponent. We have considered the record and proceedings and we have also gone through the judgment and reasons recorded by the Reference Court.
4. At page 15 of the judgment of the Reference Court, the Reference Court has considered the judgment produced before it at Ex.42. The said judgment Ex.42 pertains to a group of 103 cases. In the said judgment compensation was claimed at Rs.200/ per sq.mtr., which was later on amended to Rs.300/. In those cases, notification under Section 4 was published on 15.12.1992, notification under Section 6 was published thereafter on 21.12.1992 and the award was declared under Section 11 on 20.9.1995, wherein compensation was fixed at the rate of Rs.6 to 8 per sq.mtr. On going through the said judgment, in the awards which were declared earlier, compensation was fixed at Rs.105/ per sq.mtr., calculating 10% price rise every year, it would increase at the rate of Rs.10.50 ps every year and as the period of 12 years has passed the value would come to Rs.126/ and thus award at the rate of Rs.105 was passed. It has been assessed on computing
case Notification under Section 4 has been published on 6.9.2001, notification under Section 6 has been published on 28.3.2002, and after fixing the market price of these lands as per Section 11 of the Act as on 21.12.2001, the date of final publication of Section 4 notification, Land Acquisition Officer has passed award on 26.5.2003 and thereby fixed Rs.11/ per sq.mtr., for non irrigated land and Rs.16/ for irrigated land.
5. In the instant case Notification under Section 4 has been published on 6.9.2001 and award has been published on 26.5.2003 and thereby the Land Acquisition Officer has fixed Rs.16/ per sq.mtr. The village of the applicants viz. Bhunav is situated at a distance of 7 kilometers from the taluka head quarter of Unjah. Looking to the evidence in this village also there are religious places, societies, branches, postoffice, bank, etc. institutions as well as diamond polishing factories. Further more the village is having facility of 'Jyoti Gram Yojna'. Surrounding the village there are villages like Kahoda, Dasaj, Kambi, Jagannathpura and Mahervada. There is facility of pucca road and transportation. The population of village is 8,000, whereas in the above referred judgment the population of Visol is shown to be 6,000. As stated by the applicants, in the said case also 'Jyoti Gram Yojna' and development have been taken note of. In the crossexamination of applicant also it is stated that Bhunav via Dasaj is at a distance of 7 kilometers from Unjah. The applicants had made a claim of Rs.200/ and by not accepting the same Rs.16/ has been fixed. Being aggrieved the reference were filed. Looking to the map at Ex.51 UnjahDasajBhunav road is shown therein. Therefore, there does not appear to be distance of 5 kilometers from Unjah. In the instant case compensation has been awarded at the rate of Rs.16/ but looking to the reference referred above the period between the Notification of 1992 and Notification of 2002 has been taken into consideration. In the judgment referred to by the reference Court at Exh.42 an amount of Rs.105 was awarded, therefore, by considering Rs.105 to be the price of the land and considering the fact that notification was issued in the present case in 2001, for the period of nine years, additional compensation of Rs.10.50 X 9 = Rs.94.50 was decided to be awarded. Accordingly, amount of total compensation in the present case came to Rs.105 + 94.50 = Rs.199.50. Looking to the geographical situation of the village and considering the award after the standard deduction of 10% and after deducting Rs.19.90 from Rs.199.50 per square meter compensation at the rate of Rs.179.60 ps rounded to Rs.180/ would be derived. On deduction of Rs.16/, additional compensation of Rs.164 appears to be just and proper. A copy of the judgment of this Court passed in First Appeal Nos.2257 to 2296 of 2011 has also been produced before us. In those matters, for lands of a village which is further away than Bhunav, this Court has granted additional compensation of Rs.142/ per sq.mtr., for acquisition of land for which notification under Section 4 was published on 8.10.1998, notification under Section 6 was published on 24.2.1999 and award under Section 11 of the Act was published on 30.4.1999. In the instant case the notification under Section 4 was published on 6.9.2001, notification under Section 6 was published on 28.3.2002 and award was passed on 26.5.2003 on the basis of market price fixed as per publication of notification under Section 4 dated 21.12.2001. Considering the award of additional compensation granted by this Court in First Appeal Nos.2257 to 2296 of 2011 for a village which is further away from Unjha than the present village, we are of the considered opinion that the Reference Court was right in awarding additional compensation of Rs.164/ and the same needs no interference, and, therefore, all the appeals are dismissed.
(D.H.WAGHELA, J.) (Z.K.SAIYED, J.) kks