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Judgment
These appeals are directed against judgment and award passed by the learned Principal Senior Civil Judge, Mahesana on 21.08.2015 in Land
Acquisition Reference Case Nos. 2622 to 2628/2009 under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Actâ€)
and Section 96 of the Code of Civil Procedure 1908.
Certain parcels of land belonging to the respondents, situated at village Hebuva, Taluka and District: Mahesana were acquired for public purpose of
ONGC, by notification under Section 4 of the Act issued on 27.11.2005. The Land Acquisition Officer declared and passed an award under Section
11(1) of the Act determining the market price of the land at Rs. 18.00 per sqr. meter on 16.06.2008.
Being dissatisfied with the said award, the respondents-original land owners preferred an application under Section 18 of the Act, which came to be
referred as Land Acquisition Reference Case Nos. 2622 to 2628 of 2009 before the Reference Court, being Principal Senior Civil Judge, Mahesana
inter-alia challenging the market value of Rs. 18.00 per sqr. meter awarded by the Land Acquisition Officer and claimed Rs. 1,000/- per sqr. meter.
The Reference Court, by impugned judgment and award relied upon a judgment of this Court in First Appeal No. 98 of 2014 and 99 of 2014, which
relies to the lands acquired for similar purpose, situated at village Kadvasan and fixed the market value of the land as Rs. 196/- per sqr. meter. The
original claimants also relied upon judgment and award passed in L.A.R. No. 253/2011, being Exh. 12, and one of the original claimants-Shri
Mafatbhai Vanabhai Prajapati at Ex. 45.
Heard learned advocate Mr. Ajay R. Mehta for the appellants, learned AGP Mr. Tirthraj Pandya in First Appeal No. 2432 of 2015 to 2436 of 2015,
learned AGP Mr. Rakesh Patel in First Appeal No. 2437 of 2015 and 2438 of 2015 for the respondent no.2, learned advocate Mr. P. V. Patadiya and
learned advocate Mr. Jayesh C. Patel for the respondent no.1.
Having heard learned advocates for the parties and having perused the original record, it is found that the example relied upon by the Land Reference
Court relates to village Kadvasan, wherein, notification under Section 4 of the Act was issued on 19th December 1995, which establishes that there
was a gap of around 10 years. Similar example relied upon ie. judgment and award passed in L.A.R. No. 253/2011 being Exh. 12, relates to land
acquired post Section 4 of the Notification in the case on hand. In light of the aforesaid situation, with the consent of learned advocates appearing for
the parties, the impugned judgment and award is quashed and set aside and the proceedings of the Land Acquisition Reference Case Nos. 2622 to
2628/2009 are remitted back to the Reference Court for its rehearing, after considering the evidence on record. It would be open for the parties to
adduce evidence, however, such opportunity would be granted only once. The parties to this appeal shall appear before the Reference Court on 22nd
July 2019 and the Reference Court shall give one opportunity to both the sides to adduce further evidence and after rehearing the parties, pass fresh
judgment and award. Considering the evidence as a whole, which are already on record and which were adduced by the parties. Such exercise shall
be undertaken by the learned Reference Court as expeditiously as possible; preferably latest by 31st December 2019. The parties are at liberty to
raise contentions and the same shall be considered by the Reference Court on its own merits. This order is passed with the consent of both the parties
and further reasons are not invited.
As these Appeals stand disposed of, Cross Objections also stand disposed of.
The amount of award deposited by the respondents shall remain as it is, till the Reference Court decides the reference applications de-novo; as
directed by this Court and the amount which is already withdrawn shall be adjusted at the time of final order. However, there shall be no order as to
cost in these appeals.