STATE OF GUJARAT Vs. RAMESHBHAI VARJANG

JUDGEMENT

(1.) AS in all the appeals common questions arise for consideration, they are being considered by this common judgement.

(2.) THE present appeals arise against the common judgement and award passed by the Reference Court dated 30.9.2004 in the concerned Land Reference Cases, whereby the Reference Court has awarded compensation on the basis that the market value is Rs.50.21 per sq. mtrs., for the irrigated lands and Rs.40.16 per sq. mtrs., for non-irrigated lands plus statutory benefits of increase in the market value, solatium and interest as per the provisions of the Land Acquisition Act (hereinafter referred to as 'the Act' for short).

(3.) THE perusal of the judgement of the Reference Court shows that the Reference Court has decided the matter on the basis of the yield method and based on the evidence produced, the Reference Court by making estimate of the yield, has assessed the market value of the lands. However, the another pertinent aspect is that for the acquisition of another lands at very village Sankhadvadar, the lands were acquired by another Notification dated 27.5.1993 under Section 4 of the Act and in those cases, the Special Land Acquisition Officer had awarded compensation at Rs.500/- per Are for irrigated lands and Rs.400/- per Are for non-irrigated lands. Against the said award by the Special Land Acquisition Officer, the disputes were raised and they were referred to the Reference Court for adjudication being Land Reference Cases No.1 to 14 of 2001. In those cases, the Reference Court had awarded additional compensation at Rs.45/- per sq. mtrs., for irrigated lands and Rs.36/- per sq. mtrs., for non-irrigated lands. Against the said award of the Reference Court, the matters were carried before this Court in First Appeal No.1144 of 2011 to 1157 of 2011 and in those appeals, this Court for the reasons recorded therein, fixed the total compensation at Rs.40/- per sq. mtrs., for irrigated lands and Rs.32/- per sq. mtrs., for non-irrigated lands plus the statutory benefits under Section 23(1-A), Section 23(2) and Section 28 of the Act. THE relevant reasons recorded by this Court in the aforesaid appeals are from paragraph 5 to 11, which read as under:-