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Judgment
Sandeep N. Bhatt, J
The present First Appeal, under Section 96 of the Code of Civil Procedure, 1908 and Section 54 of the Land Acquisition Act, 1894, at the hands of the appellant/s – original claimant/s arises from the common judgment and award dated 10.08.2017 passed by the learned 3rd Additional Senior Civil Judge, Nadiad, District : Kheda in Land Acquisition Reference Cases Nos.421 of 2010 and other applied matters.
Heard learned Advocates. With consent of the learned advocates, the present appeal is taken up for hearing and final disposal today.
The brief facts of the present case are as under :
3.1 That the land in question is situated at Village Kavath, Taluka Kapadvanj, District Kheda, which came to be acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as “Act”) for a public purpose of construction of ‘Lank Jalashay Canal’.
3.2 The notification under Section 4 of the Act was published on 19.07.2008. A Declaration under Section 6 of the Act came to be issued / published on 30.07.2009.
3.3 The Land Acquisition Officer declared award under Section 11 of the Act on 27.04.2010 granting Rs.9/- per square meter.
3.4 The original claimants – owners of the land in question claimed compensation of Rs.200/- per square meter, as the claimants were dissatisfied with the amount of compensation awarded by the Land Acquisition Officer at the rate of Rs.9 per square meter. Therefore, at their instance, Reference under section 18 of the Act was made to the learned Senior Civil Judge, Kheda at Nadiad, whereby vide impugned judgment and award, the learned Reference Court has partly allowed the aforesaid References and enhanced the amount of compensation to Rs.110/- per square meter, with all other statutory benefits which may be available to the claimants under the Act.
3.5 It is this judgment and award impugned of the learned Reference Court, which is challenged by the appellants before this Court in this group of appeals.
4.1 Learned advocate Mr. Manish Shah appearing on behalf of the original claimants has submitted that the impugned award is passed relying on the award of adjacent Village Borol in L.A.R. No.1815 of 2010 and allied matters, against which, the First Appeals were preferred before this Court being First Appeal No.1099 of 2023 and other allied matters, wherein this Court has awarded, in all, the amount of Rs.414/- per Sq.Mtr. He has submitted that when the award which is relied below Exh.14 by the Court below for granting enhancement by the learned Reference Court and the said judgment is further carried in appeal by the claimants of that Reference cases and when this Court has enhanced the amount in those First Appeals, the present appellants are also entitled for the same enhancement.
4.2 He has also submitted that enhancement given by this Court in First Appeal No.1099 of 2023 and allied matters are arising out of L.A.R. No.1815 of 2010 which belongs to Village Borol which is nearest village to Village Kavath, for which, the land is acquired and involved in the present First Appeal. He has drawn the attention of this Court towards Para-14 on Page-18 in the impugned award, wherein, the Court has categorically recorded that Village Kavath and Village Borol have near boundaries and adjacent villages and therefore, the judgment in the case of Village Borol is required to be considered and accordingly, the Court below has relied on the said award and has granted Rs.110/- per square meter.
4.3 He has, therefore, submitted that once the award of Village Borol is enhanced by this Court in First Appeal No.1099 of 2023 and allied matters coupled with the fact that the said order is dated 26.04.2023 and is not challenged further by the State Authorities and has become final, he has requested to grant the same amount in the present group of First Appeals as the acquired land in the present First Appeals is of adjacent village. He has submitted that these appeals may be allowed accordingly.
Learned AGP for the State Authorities has vehemently opposed this appeal. She has submitted that the learned Reference Court has rightly passed the impugned judgment and award. She has submitted that the learned Reference Court has granted proper compensation to the claimant/s. She has submitted that the impugned judgment and award is just and proper and no interference be made by this Court.
6.1 I have considered the rival submissions made by the learned advocates. I have perused the impugned judgment and award passed by the Reference Court. I have also considered the material available on record. From the record, it transpires that with respect to the acquired lands of Village Borol, since this Court has enhanced the compensation from Rs.114/- to Rs.414/- as referred in Paras-12.1 to 12.15 of the judgment dated 26.04.2023 in First Appeal No.1099/2023 and allied matters and the very same award has been relied by the Court below produced below Exh.14 while granting Rs.110/- in is the present matters to the claimants, there no reason to deny the present claimants the benefits of the enhanced amount granted to the claimants of adjacent village.
6.2 It is also required to be noted that there are no appeals preferred by the Government against the judgment dated 26.04.2023 passed by this Hon’ble Court in First Appeal No.1099 of 2023 and allied matters and therefore, I am of the view that the present appellants are also entitled to the same amount of compensation.
6.3 Under the circumstances, this Court finds that the ends of justice would meet if the present appeal is allowed in terms of the order passed by the Coordinate Bench of this Court dated 13.12.2023 recorded on First Appeal No.1099 of 2023 and allied appeals, by modifying the impugned judgment and award accordingly.
In view of the above, the following order is passed.
7.1 The present appeal is allowed.
7.2 The impugned judgment and award dated 10.08.2017 passed in Land Reference Case No.421 of 2010 and other allied matters is hereby modified to the extent the appellant/s shall be entitled to in all total compensation of Rs.414/- per square meter minus Rs.110/- per square meter which is already granted by the learned Reference Court and therefore, additional amount of Rs.304/- per square meter, with all other statutory benefits, which may be available to the claimant/s under the Act, as awarded by the learned Reference Court in the impugned judgment and award.
7.3 The appellant/s shall not be entitled to claim interest on the period of delay caused in preferring the First Appeal on enhanced amount of award, as per order dated 31.07.2023 recorded on Civil Application No.1 of 2023 in F/First Appeal No.10649 of 2023 and allied matters.
7.4 The respondents are directed to deposit the additional enhanced amount within a period of 12 weeks from the date of receipt of this order.