JUDGMENT :

SANDEEP N. BHATT, J.

1. Being aggrieved and dissatisfied, the appellant State has preferred the above referred appeals against the judgment and award dated 21.6.2010 passed by the learned Principal Senior Civil Judge, Godhra at Panchmahals, in the Land Acquisition Reference Cases No.450 of 2008, awarding the additional compensation of Rs.450/- per Sq.Mtr. to the respondents herein.

2. By the impugned common judgment passed in the Land Acquisition Reference Case No.451 of 2008, the Reference Court, in paras 12, 13 and 14, observed, as under :

“12. I have heard both the parties and I have also considered the records on hand. It is the case of the claimants that the lands acquired by the Land Acquisition Officer in present reference applications are fertile lands and it is situated at village Vavdibujarg on Vadodara Godhra Dahod Indore highway and it is hardly at a distance of 2 Kms. from Godhra city which is the headquarter of Panchmahal District. As per the submissions of the claimants the lands were fertile and they were taking 3 crops annually and thereby earning Rs.2,00,000/ p.a after deducting all the agricultural expenses. It also transpires from the deposition of the claimant that the lands of L.A.R. No. 52/03 and their lands were of the same village, situated adjacent to each other. It transpires from the copy of the judgment of L.A.R. No. 52/03, of Ex. 16 that the Learned Judge had placed reliance upon the report of the Govt. Approved Land Valuer and it transpires that the land valuation is made on the basis of sales of surrounding lands, income capitalization method and the benefit of locality and future are' developments and has assessed the market value of the land as Rs.307/ per sq. mtr. as on Year2000. It also transpires from the deposition of the claimant that the acquired lands are on the highway road, village Vavdi is in continuation of the Godhra city and would definitely attract the benefit of developed locality.

13. In the present references, the claimant has deposed in his affidavit that they used to take 3 crops annually and had a annual net income of Rs.2,00,000/- and Rs.10000-20000/- p.a. from animal husbandry, but the claimants have failed to produce any cogent evidence in respect of their income and irrigation facilities available to them for the purpose of agriculture. The Ld. D.G.P. for the opponents has cross-examined the claimant, wherein it is admitted by him that 50% of their income is spent towards agricultural developments, fertilizers, seeds, etc. It is also admitted by him that the agricultural production is uncertain. Moreover, the claimants have failed to furnish any evidence to prove their agricultural production and irrigation facilities available to them. Under these circumstances the compensation at the rate of Rs.800/- claimed by them is very high, and I am of the opinion that the claimants are not entitled for such huge amount.

14. However, there is no any dispute or any objection raised by the opponent regarding the present lands situated near the lands of L.A.R. No. 52/03, which are of the same village and that it is in continuity to the Godhracity , which s the headquarter of Panchmahals District and therefore, I am of the opinion that reliance can be definitely placed upon the said judgment and the present claimants are entitled to get compensation accordingly. Moreover, I do agree with the arguments of the Ld. Advocate, Shri J.R. Raval, for the claimants that the referred lands were acquired in the year2000, whereas the lands under the present references are acquired in the year 2006 and it is quite obvious that the market value of the lands would be raised considerably during the said time period. There is no doubt that the market value of the real estate has raised by leaps and bounds during the recent times, however I am of the opinion that the price rise at the rate of 10% p.a., as per the principle laid down by the Hon'ble Apex Court, should be awarded to the claimants,