The court's decision was influenced by the previous determination of market value and compensation by the Division Bench based on the notifications under Section 4 of the Land Acquisition Act.

ORDER :

1. Mr. Utsav Parikh, learned advocate for the appellants has submitted that the issues raised in the aforementioned appeals are squarely covered the judgment dated 07.08.2018 passed by the Division Bench of this Hon’ble Court in First Appeal No. 2825 of 2012 and allied matters.

2. Mr. Parikh, learned advocate has submitted that so far as First Appeal Nos. 3705 of 2022 and 3757 of 2022 are concerned, Notification under Section 4 of the Land Acquisition Act issued on 15.04.2006 and for the period of 2 years, the Court has to determine the compensation before the Division Bench. Notification issued under Section 4 of the Act was issued in the group of appeals between 01.02.1996 to 06.06.1996 and 19.01.2004. He has further submitted that so far as First Appeal No. 3703 of 2022 is concerned, Notification under Section 4 of the Act was published on 19.01.2004 and so far as First Appeal No. 3760 of 2022 is concerned, Notification issued under Section 4 notification has been issued on 01.05.1996.

It is submitted that the land acquired in the present Reference proceedings is of village Mangvapal Amarpur (Varudi), which was also the subject matter for consideration by the Division Bench. It is also submitted that very same irrigation project situated in Amreli Taluka, Amreli District in respect of lands acquired for the public purpose of Vadi Irrigation Project. He has further submitted that after considering the various appeals as finally determined the amount of compensation, which may be followed in the First Appeal.

3. Mr. Barot, learned AGP appearing on behalf of the respondent authorities has submitted that the acquiring body is unable to dispute that the Division Bench has already considered the issue of the land acquired in the aforesaid village which is the subject matter. However, he has further submitted that so far as First Appeal Nos. 3705 of 2022 and 3757 of 2022 are concerned, this Court may not enhance the market value.

4. Heard learned advocates for the respective parties.

5. It is not in dispute that for the village situated in Amreli Taluka and Amreli District in respect of land was acquired for the public purpose for Vadi Irrigation Project, for which, Notification under Section 4 of the Land Acquisition Act was published between 1st February, 1996 to 16th June, 1996 and on 19th January, 2004. The Division Bench of this Court by way of First Appeals filed by the claimants in the same very village, delivered the judgment appreciating the oral as well as documentary evidence and observed and held in paragraphs 66, 67, 68 and 69, which is as under:

“66. Insofar as First Appeals No. 2825 to 2359 of 2012 and First Appeals No. 229 of 2016 to 246 of 2016 are concerned, the notifications under section 4 of the Act have been issued on varying dates in the year 01.02.1996 to 16.06.1996. Considering the market value of the lands to be Rs. 50/- per square metre in the year 1993, the appellants would be entitled to an increase of 10% per annum for three years. The market of value of the lands would thus come to Rs. 50/- plus Rs. 15/- = Rs. 65/- per square metre for jirayat lands. For bagayat lands the market value is required to be computed at the rate of one and a half times the rate for jirayat lands. Accordingly, the market value of bagayat lands would come to Rs. 75.00/- plus Rs. 22.50 = Rs. 97.50 per square metre.

67. The Reference Court has awarded compensation at the rate of Rs. 20/- per square metre for jirayat land and Rs. 30/- per square metre for bagayat land. The appellants would therefore be entitled to additional compensation of Rs. 45/- per square metre (Rs. 65.00 - Rs. 20.00) for jirayat land and Rs. 67.50 per square metre (Rs. 97.50 - Rs. 30.00) for bagayat land.

68. Insofar as First Appeals No. 1546 of 2018 to 1550 of 2018, First Appeals No. 1552 of 2018 to 1559 of 2018 and First Appeal No. 1561 of 2018 are concerned, the notification under section 4 of the Act came to be published on 19.01.2004. Since this court