STATE OF GUJARAT THROUGH SPL. LAND ACQUSITION OFFICER Vs. HEIRS OF HARGOVANBHAI HIRABHAI AND ADMINISTRATOR

JUDGEMENT

(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.) 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 the same upto Rs.128/ and after adding such increase it has been computed at the rate of Rs.230/ per sq.mtr., whereas in the present 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.