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Judgment
A.J.Desai, J
ADMIT. Ms.Dhwani Tripathi, learned Assistant Government Pleader waives service of admission on behalf of the respondents.
This appeal arises out of the order made in Reference No.890 of 2010 by Principal Senior civil Judge, Modasa, on 31.03.2016. Concededly, the impugned judgment was the common judgment and award dated 31.03.2016, wherein the subject matter of this appeal was also included. There is also no dispute that amongst the said group of claimants, the disputes arising out of Reference Case Nos.891/2010, 887/2010, 881/2010, 888/2010 and 879 of 2010, have been decided by this Court (Coram:A.J. Shastri, J) by common order and judgment dated 18.02.2019. This appeal thus can follow the suit and can be disposed of at admission stage by consent of the parties.
For convenience, this Court may set out the entire judgment rendered in group of First Appeal Nos.4857, 4851, 4852, 4856 and 4815 of 2018;
"1. These appeals are filed against the common judgment and award dated 31.03.2016 passed by the Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Modasa, in new Land Acquisition Reference Case Nos.891 of 2010, 887 of 2010, 881 of 2010, 888 of 2010 and 879 of 2010.
Heard learned advocate Mr.Manish S. Shah for the appellants and learned Assistant Government Pleaders, Ms.Ritu Guru in First Appeal Nos.4857 of 2018 and 4852 of 2018 and Mr.Bhargav Pandya in First Appeal Nos.4851 of 2018, 4856 of 2018 and 4815 of 2018 for the respondents.
Learned advocate for the appellants submitted that the land in question situated at Village Aakrund, Taluka Dhansura, District Arvalli came to be acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for public purpose Sujlam Suflam Spreading Canal. That Notification under Section 4 of the Act came to be published on 22.11.2004. A declaration under Section 6 of the Act came to be issued/published on 11.03.2005. The Land Acquisition Officer declared the award under Section 11 of the Act on 29.06.2005 and awarded the compensation at the rate of Rs.8 per sq. meter for the land acquired. The original claimantsowners claimed the compensation at the rate of Rs.375/per sq. meter. As the claimants were dissatisfied with the amount of compensation awarded by the Land Acquisition Officer at Rs.8/per sq. meter, at their instance, references under Section 18 of the Act were made to the District Court, Sabarkantha and by the impugned judgment and award, the learned Reference Court has partly allowed the aforesaid references and awarded the compensation at Rs.125/per sq. meter in Land Acquisition Reference Case No.883 of 2010, with all other statutory benefits which may be available to the claimants under the provisions of the Act.
3.1 Learned advocate for the appellants thereafter pointed out that Land Acquisition Reference Case Nos.891 of 2010, 887 of 2010, 881 of 2010, 888 of 2010 and 879 of 2010 were decided by the Principal Senior Civil Judge, Modasa along with Land Acquisition Reference Case No.885 of 2010 and other reference cases. It is submitted that so far as Land Acquisition Reference Case No.885 of 2010 is concerned, the judgment and award passed by the Reference Court was challenged by the concerned claimant by filing First Appeal No.2133 of 2018. It is submitted that this Court, by an order dated 11.09.2018, partly allowed the said appeal and, thereby, awarded Rs.210 per sq. meter with all other statutory benefits. It is submitted that present cases are squarely covered by the aforesaid order passed by this Court.
On the other hand, learned Assistant Government Pleaders, after verifying the record, fairly submitted that the present cases are covered by the order dated 11.09.2018 passed by this Court in First Appeal No.2133 of 2018.
Having heard learned advocates appearing for the parties and having gone through the material produced on record, it transpires that the Principal Senior Civil Judge, Modasa, decided Land Acquisition Reference Case No.885 of 2010 along with other reference cases including Land Acquisition Reference Case Nos.891 of 2010, 887 of 2010, 881 of 2010, 888 of 2010 and 879 of 2010 by a common judgment and award dated 31.03.2016. The Reference Court awarded Rs.125/ per sq. meter to the concerned
claimants including the present appellants. It is further revealed that the claimant of Land Acquisition Reference Case No.885 of 2010 filed First Appeal No.2133 of 2018 for enhancement of the amount awarded by the Reference Court. This Court, by an order dated 11.09.2018, partly allowed the said appeal. By an order dated 11.09.2018, this Court has observed in Paragraphs 4 and 5 as under:
"[4.0] Considering the overall facts and circumstances, when with respect to the acquired lands of village Khilodiya, for which Reference Court has awarded Rs.204/(2106) for open land and the said village is at the distance of 3 KM only to the land in question of village Aakrund and the lands were acquired for the very project and considering the fact that no appeals are preferred by the Government against that awards, I am of the view that the appellant herein is also entitled to the same amount of compensation.
[5.0] In view of the above and for the reasons stated above, this First Appeal succeed in part and it is held that the claimant shall be entitled to the compensation at the rate of Rs.210 per sq. meter [in all] with all other statutory benefits, which may be available to the claimants under the provisions of the Act as awarded by the learned Reference Court in the impugned judgment and awards. Impugned judgment and awards dated 31.03.2016 passed in Land
Acquisition Reference Case No.851/2010 is hereby modified to the aforesaid extent. This First Appeal is partly allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs."
From the material produced on record, it is revealed that the present cases are squarely covered by the aforesaid order. Accordingly, the present appeals are partly allowed. The appellants - claimants shall be entitled to the compensation at the rate of Rs.210/ per sq. meter with all statutory benefits, which may be available to the claimants under the provisions of the Act, as awarded by the Reference Court in the impugned judgment and award. Thus, the impugned common judgment and award dated 31.03.2016 passed by the concerned Court in Land Acquisition Reference Case Nos.891 of 2010, 887 of 2010, 881 of 2010, 888 of 2010 and 879 of 2010 is modified to the aforesaid extent."
In view of the fact that First Appeal No.1500 of 2019 arising from the said judgement is decided by coordinate bench of this Court vide order dated 10/04/2019, this appeal is allowed in terms of the said judgement.