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Judgment
M.D. Shah, J.—All these appeals filed u/s 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, are filed against common judgment and award dated 29th April, 2006, rendered by the learned 4th Joint Civil Judge (SD), Mehsana, in Land Acquisition Reference Nos. 3786 to 3812 of 2003 by which the claimants were awarded additional amount of compensation at the rate of Rs. 35/- per sq.mt, for their acquired lands, over and above the compensation @ Rs. 10/- per sq.mt. awarded by the Special Land Acquisition Officer.
As there are identical facts involving common question of law, I decide all these First Appeals by this common judgment and order.
Heard learned AGP, Mr. N.J. Shah for the appellant-State and learned Counsel, Mr. B.S. Patel for the original claimants in all these appeals.
Drawing the attention of this Court towards the decision of a Division Bench of this Court rendered on 24-2-2010 in First Appeal No. 3973 of 2007 to 3999 of 2007, both the learned AGP and learned Counsel submitted that the issue involved in these appeals has been squarely covered by the aforesaid decision rendered by the Division Bench wherein the Division Bench, relying upon a decision of another Division Bench of this Court (Coram: J.M. Pahchal & Abhilasha Kumari, JJ.) rendered on 7-12-2006 in First Appeals Nos. 4729 to 4764 of 2006, fixed the additional compensation to be paid to the claimants for the price of the lands in question at Rs. 33.50 instead of Rs. 35.00 fixed by the Reference Court. It is therefore requested that the appeals may be accordingly partly allowed fixing the same rate of additional compensation.
This Court has gone through the aforesaid judgments rendered by the Division Bench in the aforesaid groups of appeals. It is to be noted that the lands acquired in the present cases and in the decision rendered by the Division Bench of this Court were of same Village, i.e. Village Kanda, Taluka Visnagar, Dist. Mehsana. Date of Section 4 notification in both these cases was also same i.e. 13-3-1997. Likewise, the purpose for which the lands were acquired was also same i.e. for construction of Dharo Irrigation Canal. In view of the fact that the identical question involved in the present appeals has already been decided by this Court, these appeals are required to be decided on the same line.
In view of the above, all these appeals are partly allowed. The claimants in these appeals are entitled to get additional compensation being the market price of the land in question @ Rs. 33.50 per sq.mtr. instead of Rs. 35.00 per sq.mtr awarded by the Reference Court. The impugned judgment and award is modified to the aforesaid extent only. Remaining part of the impugned judgment and award stands unaltered. There shall be no order as to costs.
Office to send back the record and proceedings to the court below forthwith.
Office shall place a copy of this judgment in each appeal.