SHANKARBHAI ISHWARBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) ALL these appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") are directed against the common judgment and award rendered in Land Reference Case Nos.2132 of 1991 to 2136 of 1991 by the Assistant Judge, Mehsana dated 23.3.1995.

(2.) SHORT facts arising out of these appeals are enumerated hereunder:

(3.) MR . Shevade, learned advocate for the appellants has taken this Court through the impugned judgment and award. Mr. Shevade contended that the Reference Court has erred in coming to the conclusion that the market value of the land in question is Rs.12/ per sq. mtr., inasmuch as, having relied upon the previous award passed by the Reference Court, no increase is considered by the Reference Court as in the award relied upon, Section 4 notification was dated 19.5.1983, whereas in the instant case, Section 4 notification is 17.6.1989. Mr. Shevade, therefore, submitted that even if the conservative view is taken and 10% rise is given instead of 12%, the claimants would be entitled to compensation at the rate of Rs.22/ per sq. mtr. Mr. Shevade, however, candidly submitted that as the appellants in their Reference Applications have raised a demand of Rs.20/ per sq. mtr., at least the Reference Court ought to have awarded compensation at the rate of Rs.20/ per sq. mtr. Mr. Shevade also relied upon the other two awards passed by the Special Land Acquisition Officer at Exhs.22 and 23 and submitted that considering the aforesaid two awards, wherein one of it is a consent award, the price of the land under acquisition on the reckoning date i.e. as on the date of Section 4 notification in the present case would be more than what has been claimed by the appellants. It is, therefore, submitted that the Reference Court has misapplied the previous award. It is contended that considering the fact that the previous award at Exh.20 is of the adjoining Village Pansar, wherein the lands were acquired for the same purpose for the same acquiring body, even if that is taken as the best example for determination of market value, the claimants are entitled to at least Rs.20/ per sq. mtr. as per their Reference Applications. It is submitted that the appellants have lost their valuable lands and the Reference Court has, while correctly applying the best piece of evidence in conclusion, wrongly awarded Rs.12/ per sq. mtr. instead of Rs.20/ per sq. mtr. It is, therefore, submitted that the appeals deserve to be allowed in toto.