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Judgment
B.C. Patel, C.J.
CM No. 6356/2004 IN RFA No. 381/1988
This is an application moved by the legal heirs of appellant No. 1 inter alias praying to be imp leaded as appellants in the place of appellant No. 1. For the reasons stated in the application, the application is allowed. Amended memo of parties be filed within a week.
RFAs No. 381, 382 and 383/1988
These three appeals are preferred by the claimants u/s 56 of the Land Acquisition Act, 1894 (hereinafter to be referred to as, ''the said Act'') against the order made by the Reference Court in three different references. The lands in question situated at Village Dichaon Kalan were acquired vide notification u/s 4 of the said Act dated 14.07.1982 and the compensation was awarded @ Rs.4,800/- per bigha by the Land Acquisition Collector.
Being aggrieved, reference was preferred u/s 18 of the said Act and on considering his other decision in LAC No. 24/1981 titled Jage Ram etc. v. Union of India, the Reference Court awarded the amount of compensation @ Rs.11,000/- per bigha another benefits as recorded in the order made by the Reference Court. No sale instance or any other evidence was led and, Therefore, the Court was required to decide the case on the basis of Jage Ram''s case (supra).
It is required to be noted that the matter arising out of Reference No. 24/1981 on which reliance was placed by learned counsel appearing for the parties before the Reference Court was also subject matter of an appeal before this Court in RFA No. 777/187 titled Shri Raj Pal alias Rajbir v. Union of India and Anr., which has been decided on 03.02.2005 (where the dates have been modified today, i.e., 10.02.2005).
There is no dispute that the lands were acquired vide notification dated 14.07.1982 and the sale instance, which was relied upon, was dated 29.03.1980 and considering the sale instance, the Division Bench of this Court in Shri Raj Pal alias Rajbir''s case (Supra) held that the claimants are entitled to get fair market value @ Rs.12,500/- per bigha. Therefore, in the facts and circumstances of these cases, the appellants are also entitled to get compensation at the same rate as the matter is covered by the said judgment.
The appeals are allowed accordingly.
The decree-sheet be drawn only after the amended memo of parties is filed by the appellants in RFA No.381/1988.