SPECIAL LAND ACQUISITION OFFICER Vs. RABARI VIKRAMBHAI ISHWARBHAI

JUDGEMENT

(1.) BY filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Civil Procedure Code, 1908, the appellants have challenged the legality of common judgment and award dated 31.3.2010 rendered by the learned 4th Additional Senior Civil Judge, Patan in Land Acquisition Reference Nos.2325 to 2328 of 2006, by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.50/ per sq.mtr., as additional amount of compensation.

(2.) THE claimants submit that the facts of the case are as under :

(3.) THE claimants submit that on behalf of the claimants Shri Rabari Amrutbhai was examined at Ex.17. After giving particulars of the lands acquired, claimant Shri Rabari Amrutbhai mentioned that the land acquired was highly fertile and they were earning substantial income from sale of the agricultural produce. The claimant Shri Rabari Amrutbhai deposed and stated before the Reference Court that earlier lands from Village : Khorsam, Taluka : Chansma, District : Patan, were acquired by the State Government and the claimants of the said land acquisition cases have been awarded the amount of compensation at the rate of Rs.5.10 ps. Per sq.mtr., and those claimants have preferred reference applications under Section 18 of the Act being dissatisfied with the award of the Land Acquisition Officer and the Reference Court has awarded the amount of compensation at the rate of Rs.45.00 per sq.mtr., as additional amount of compensation in L.A.R. No.773 of 2002 (main), certified copy of the said judgment has been produced by the present claimants at Ex.24. The said judgment has been challenged by the State Government before the High Court of Gujarat by way of filing First Appeal Nos.4636 to 4649 of 2007, wherein the High Court of Gujarat has determined the market value of the land of Village : Khorsam at Rs.26 per sq.mtr. As additional amount of compensation and therefore, the total amount of compensation is determined at the rate of Rs.31.10 per sq.mtr., (Rs.26 + Rs.5.10). It is submitted by the claimant that the otherwise i.e. the present appellant has relied on the said judgment of High Court of Gujarat and certified copy of the said judgment was produced by them at Ex.40 before the Reference Court. Therefore, the claimant submits that the State Government themselves requested the Reference Court to considered the said exhibit i.e. 40 and therefore, the claimant submit that the said document produced by the State Government relied and considered by the Reference Court, and accordingly the Reference Court, after considering the evidence in detail, came to the conclusion that in case of village Khorsam, notification under Section 4 was issued on 14.12.1994 whereas in the present case, notification under Section 4 of the Act was issued on 10.8.2001, therefore, considering the period of gap of 6 years and 8 months and keeping in mind increase of 7.5% per year, the Reference Court awarded Rs.50/ per sq.mtr., (Rs.31.10 (26+5.10) + 7.5% rise on Rs.31.10 for 6 years and 8 months it would come to Rs.50.34) and therefore, the Reference Court has awarded Rs.50/ per sq.mtr. Therefore, the claimants submit that it is a well settled principal of law that the previous award of the Reference Court relating to the land of adjoining Village which has attained finality can be relied upon as a good piece of evidence for the purpose of determining the market value of the similar and acquired subsequently, from the adjoining and nearby village. Therefore, the claimants submit that accordingly, the Reference Court has relied on the judgment of adjoining Village : Khorsam at Ex.24 and 40 and after considering the evidence in detail, came to the conclusion that in the case of Village : Kharidariyal, which is just adjoining village and considering gap of notification under Section 4 the Reference Court has awarded the amount of compensation at the rate of Rs.50/ per sq.mtr. The claimant submitted that to prove that both the village are adjoining to each other they have produced copy of map of Village : Kharidhariyal, Khorsam, Kamboi Gokharava at Ex.21. The claimants have also produced copy of 7/2 extract at Ex.20 and other revenue documents at Ex.18, 22 and copy of judgment of Reference Court in L.A.R. No.945 of 96 at Ex.23, copy of the judgment of Reference Court in L.A.R. No.955 of 2002 at Ex.25 and copy of judgment of Reference Court passed in L.A.R. Case No.1027 of 2006.