ORDER :

BIREN VAISHNAV, J.

1. All these Appeals arise out of the Judgment and Award dated 29.7.2015 passed by the learned Principal Senior Civil Judge, Mehsana in respective Land Acquisition Reference (for short “LAR”) Cases. By the Awards in question, the learned Principal Senior Civil Judge, Mehsana enhanced the compensation of the Appellants – Claimants to Rs.107/per Square Meter.

2. The present Appeals have been filed by the Appellants – Claimants for enhancement of compensation from Rs.107 per Square Meter to Rs.540/per Square Meter.

3. Mr. Yatin Soni, learned Counsel for the Appellants would submit that the lands in question are situated in village Dhadhusan, Taluka Visnagar, District Mehsana. The lands were acquired for Sujlam Suflam Canal. The Section 4 Notification was published on 3.7.2004 and Notification under Section 6 was published on 26.8.2004 and the award under Section 11 of the Land Acquisition Act, 1984 was passed on 15.9.2004.

4. Mr. Yatin Soni, learned counsel for the Appellants would submit that for the land contiguous to the village in the present case, namely for village Gojaria acquired for the same purpose, First Appeals were filed before this Court, which were ultimately decided by the Hon'ble Supreme Court in Civil Appeal Nos.9061-9110 of 2011 dated 1.11.2017.

5. Similarly for the lands at Vasai also which are contiguous to the lands of village Dhadhusan, Taluka Visnagar, District Mehsana, First Appeal No.2513 of 2011 and other allied Appeals were filed before this Court wherein considering the Order passed by the Hon'ble Supreme Court in the Appeals concerning village Gojaria, this Court passed an Order on 23.8.2019. The relevant paragraph Nos.8 to 12 are reproduced as under:

“8.0. Upon considering the submissions made and contention raised before us, it would be appropriate to note that before the Reference Court the respondents have themselves relied upon the award passed in case of village Gojaria and the Reference Court has determined the market value based upon the award passed by the Reference Court in Land Reference Case Nos. 66 of 2003 and 68 of 2003 to 70 of 2003 wherein Section 4 Notification is dated 25.03.1991 for the lands situated at village Gojaria and has determined the market value of the lands in question situated at village Vasai at Rs.75.05 per sq mtr. It was the case of the respondents themselves before the Reference Court that the reliance placed by the appellants i.e. original land owners on the award of village Kherava and Samo are not comparable and the award passed in Land Reference Case of village Gojaria are comparable. Having taken such stand before the Reference Court, the respondents now cannot be permitted in these appeals filed by the land owners and having not challenged the same to contend that the award passed in case of Gojaria is not comparable instance as Hon'ble Supreme Court has now determined the market value of the lands situated at village Gojaria at Rs.540/ pe sq mtr. The map at Exh.31 shows that village Gojaria and Vasai are nearby villages and village Gojaria and Dhandhusan are adjacent to each other. The evidence also indicates that vide order dated 6.8.2003 at Exh.25, the Collector had determined the market value of the land of village Vasai admeasuring 3000 sq mtr was allotted to Telecom Department at Rs.500/ per sq mtr. Even in his cross examination, the witness of the respondent at Exh.33 has stated that price of lands given go Telecom Department at the rate of Rs.500/ per sq mtr was determined by the District Valuation Committee.

9.0. It also deserves to be noted that respondents have not adduced any other evidence and have also not challenged the award impugned in these appeals. The Hon'ble Supreme Court vide common judgment and order dated 1.11.2017 has observed thus: “Leave granted.

We have set aside the decision of the Mansa relied upon by the High Court in the instant case, in Civil Appeal Nos.9061-9110 of 2011 by a separate judgment delivered today.