(1.) These four appeals arise out of common award made by the court in Land Acquisition Reference No. 5/81 and 10/81 by the District Court of Panchmahal at Godhra by order dated 27-4-1983. First Appeals Nos. 56/84 and 57/84 are preferred by State of Gujarat against the enhancement of compensation by the reference Court, whereas Appeals Nos. 1156/84 and Appeal No. 194/85 are by the respective claimants of two Land Acquisition Reference Cases referred to the extent they were dissatisfied. As the common question of law and facts are involved we propose to decide all the appeals by common judgment.
(2.) The Cross Appeals Nos. 56 and 1156 of 1984 arise out of L.A.R Cases Nos. 5/81 and Appeals No. 57/84 and 194/85 arise out of L.A.R. Case No. 10/81. The notification under Section 4 of the Land Acquisition Act was published in Government Gazette dated 9-2-1978 for the acquisition of the lands in question. The lands in question are Survey Number 708 admeasuring 1 Hectare 20 Are and 39 Sq. Mts. and Survey No. 709/1 admeasuring 45 Are and 53 Sq. Mts. situated in Dahod and subject matter of L.A.R. No. 5/81. The land comprised in L.A.R. Case No. 10/81 is Survey No. 709/2 admeasuring 45 Are and 53 sq.mts. After declaration under Section 6 of the Act was published on 18-10-1989 inviting objections under Section 9 of the Act and hearing the concerned parties the Land Acquisition Officer by a single award dated 30-3-1981 determined the compensation payable to the claimants. He assessed the market value of the land comprising Survey No.708 at Rs.14000 per Hectare and for other lands in S.No. 709/2 and 709/1 he assessed rate of land at Rs.45000.00 per Hectare. Possession of the land was taken on 8.4.1981. It is informed by learned counsel for the claimants that the amount of compensation determined by the Land Acquisition Officer was paid to the claimants soon after making of the award. The claimants have laid claim to compensation at Rs.1 lakh per acre. Dissatisfied by the award of compensation granted by the Land Acquisition Officer at the instance of claimants the aforesaid Land Acquisition Reference was made to the Principal Civil Court at Panchmahal. By the impugned award the court enhanced the rate at which the value of the land in question is to be assessed to Rs.15 per sqm. in case of Survey No. 708 and at Rs. 18.00 per sqm. in case of other two survey numbers, as against the award of Rs.1.40 and Rs. 4.50 respectively for the said survey numbers. Accordingly, the amount of solatium payable under the Land Acquisition Act, 1894 as per the provisions as they stood at that time at the rate of 15% was also increased. Interest at the rate of 4.5% per annum on the additional compensation awarded was also directed to be paid by the learned Joint District Judge. From the compensation determined by the Court 5% sum was deducted as government share. It is stated by learned counsel for the petitioner that enhanced amount of compensation has also been received by the claimants. However, the exact date is not presently known when the said amount was received. The Court has enhanced the compensation only by increasing the rate at which the land was to be valued. Obviously, therefore the State Appeals Nos. 56 and 57 of 1984 are confined to the extent the award of compensation has been enhanced by increase in the market value of the lands in question. We shall therefore first examine that question. We may also notice that claimants have also in their appeals made a prayer for further enhancement of the market value of the land in question.
(3.) The market value has been determined by the court primarily on the basis of sale instances of the land in near vicinity relied on by both the parties, and oral evidence was produced in support of those sale instances which consists of the parties to the sale transaction. 4 sale instances have been relied on by the claimants which are Exh. 40, 73, 103, 115 whereas the State has relied on three instances comprised in Exh. 84, 38 and 65. All the lands are situated in Dahod. The lands in question as well as lands in sale instances were also market lands. The claimants reliance on Exh. 47, sale instance of 720 sq. ft. of land has not been given credence by the learned Jt. District Judge, and in our opinion rightly. So also instance relied on by the State in the form of Exh. 4 pertaining to acquisition which took place prior to 1963 and final determination of compensation was made by High Court in First Appeal 591 of 1963 at Rs.15000.00 per sq. Hectare or Rs.1.50ps per sq. mt. in far distant past has not rightly been considered as comparable proposition while evaluating the market value evidence by the court below.