J.B.PARDIWALA,J. - (1.) Having heard the learned counsel appearing for the applicants and having considered the averments made in the application for condonation of delay, the delay of 560 days in preferring the application for bringing the legal heirs on record is condoned. The legal heirs are ordered to be brought on record. The Civil Applications are disposed of accordingly. ORDER On First Appeal
(2.) The Appeal is allowed in terms of the order passed by this Court dated 30th July 2018 in the First Appeal No.296 of 2018 and allied Appeals.
(3.) The order passed by this Court dated 30th July 2018, referred to above, reads as under : "1. These appeals are filed by the original claimants. They have challenged the judgment and awards dated 30.09.2016 passed by the Principal Senior Civil Judge, Junagadh in the Land Reference Case No.284 of 2005 and allied matters. The grievance is limited. Their contention is that the Reference Court, in the process of passing awards, has committed arithmetical and computational errors, which has drastically reduced the compensation payable to the claimants. They therefore seek rectification of such errors and the interference of this Court to this limited extent. 2. Brief facts are as under:- 2.1 Different parcels of lands of the claimants came to be acquired by the Government, for which notification under section 4(1) of the Land Acquisition Act, 1894 was published on 05.07.1996. The Land Acquisition Officer passed his award on 25.09.1998, in which he granted compensation at the rate of Rs. 250/- per Are for non-irrigated lands and at the rate of Rs. 375/- per Are for irrigated lands. The claimants sought reference against the award. Before the Reference Court, the claimants relied on yield method of assessment and produced evidence in this respect. From the evidence on record, the Reference Court came to the conclusion that the annual yield of the crops per 'vigha' was Rs. 1,26,563/-. The Reference Court set apart 50% thereof for the cost of production such as fertilizer, pesticides, labour charges, etc. and held that the annual income from such land was Rs. 63,281/- per 'vigha'. The Reference Court adopted multiplier of 10 for the purpose of assessing market value of the land. Though recorded in the judgment, this would mean that according to the Reference Court, the value of the land was assessed at Rs. 6,32,815/- per 'vigha'. Since the Land Acquisition Officer had awarded compensation on the basis of per Are computation, the Reference Court then converted such market value of the land on the basis of Ares. According to the learned Judge, this would come to Rs. 3,955/- per Are. He therefore awarded such sum for irrigated lands and after deducting Rs. 375/- already awarded by the Land Acquisition Officer, he awarded additional compensation of Rs. 3580/- per Are. For non irrigated lands, he reduced the compensation by 25% and granted additional compensation of Rs. 2716/- per Are. 3. Having heard learned Advocates for the parties, we record that the Reference Court has committed two serious calculation errors. First is of assessing the net yield of the land at Rs. 63,281/- per 'vigha'. This is so because the claimants had produced evidence of the yield of the land on the basis of per hectare measurement and per 'vigha'. Even according to the claimants, the total yield before expenditure was Rs. 1,26,563/- per hectare. If the Reference Court believed that 50% thereof should be set apart for production of cost and multiplier of 10 should be adopted for computing the market value of the land. This would bring the value of the land at Rs. 6,32,815/- per hectare and per 'vigha' as held by the Reference Court. 4. The second computational error committed by the Reference Court was in converting this figure of Rs. 6,32,815/- (erroneously taken to be the market value of one 'vigha' of land) into the value of the land per Are. 5. In plain terms, the result of the conclusion of the Reference Court that the market value of the land was Rs. 6,32,815/- per hectare would mean that the value of the land per Are would be Rs. 6,328.15. Though these are purely computational and arithmetical errors, we are not prepared to correct them in these appeals since the very foundational conclusion of the Reference Court that as per yield method, the market value of the land should be assessed at Rs. 6,32,815/- per hectare, is open to questioning and we do not propose to convert this finding into our conclusion. 6. Under the circumstances, impugned judgment and awards are set aside. The Reference Court shall pass fresh awards by carrying out correction in the computation of compensation payable to the land owners in terms of the observations made in this judgment. This may be done expeditiously. Once such fresh awards are passed, it would be open for the aggrieved party, be the Government or the claimants, to challenge the same. All appeals are disposed of accordingly." In view of the above, this Appeal is allowed. The Reference Court shall pass fresh award by carrying out the necessary correction in the computation of compensation payable to the land owner in terms of the observations made in the order dated 30th July 2018. This shall be done expeditiously. Once such fresh award is passed, it would be open for the aggrieved party, be the Government or the claimant, to challenge the same. The Appeal is disposed of accordingly.;