The main legal point established in the judgment is the determination of compensation for acquired lands based on evidence, settled legal principles, and comparison of valuation in different villages.

ORDER :

(A.S. Supehia, J.)

1. The first appeals and cross objections emanate from the judgment and award dated 12.05.2017 passed by the learned 4th Additional Senior Civil Judge, Mehsana in LAR Case Nos.1035 to 1053 of 2011.

2. The appellant-State acquiring body acquired the lands of Village Palavasna, Taluka Mehsana, District Mehsana for the purpose of constructing Mehsana bypass road. For the purpose of acquiring such lands, notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) was issued on 24.04.2008. Section 6 notification under the Act was published on 18.04.2009. The Special Land Acquisition Officer awarded Rs.57/- per sq. mtr. as compensation of the acquired lands. Being aggrieved and dissatisfied, the claimants challenged the same in reference proceedings, which has culminated into the impugned judgment and award, wherein and whereby the reference court has awarded an additional compensation at the rate of Rs.816/- per sq.mtr. along with statutory interest and solatium. The claimants demanded Rs.5,000/- per sq.mtr. Being aggrieved, they have filed the cross objections for enhancement of compensation.

3. Learned AGP Mr.Jadeja appearing for the appellant-State acquiring body has submitted that the impugned judgment and award is required to be quashed and set aside as the same is passed by incorrect appreciation of the evidence. It is submitted that the reference court, even after considering the report of the District Valuation Committee for Village Nagalpur at Exh.29 has incorrectly calculated and awarded the enhanced compensation for the lands, which are acquired. It is submitted that the reference court has not appreciated the fact that the Land Acquisition Officer, on the basis of the sale deeds executed in the vicinity of the concerned land, has precisely determined the compensation at the rate of Rs.57/- per sq. mtr. and hence, the same would not require to be disturbed. It is, thus, submitted that the reference court has grossly erred in not appreciating the very crucial aspect and has passed the impugned judgment and award by enhancing the compensation. Thus, it is submitted that the same may be set aside.

4. Per contra, learned advocate Mr.Prajapati appearing for the claimants has placed reliance on the judgment dated 05.04.2023 passed by this Court in group of First Appeal Nos.4406 of 2018 and allied matters, wherein the very same acquiring body for the lands acquired of Village Panchot had challenged the concerned judgment and award passed in references before this Court and this Court was pleased to dismiss such first appeals and cross-objections of the claimants. It is submitted that in the present case the reference court has placed reliance on the same evidence i.e. the report of the District Valuation Committe at Exh.29 determining the valuation of lands acquired of Village Nagalpur, which is approximately 2 to 2.5 kilometers away from Village Palavasana.

4.1. Learned advocate Mr.Prajapati has further submitted that for the agricultural lands, this Court in the judgment dated 05.04.2023 for the lands acquired of Village Panchot, which is approximately 8 to 9 kilometers away from Village Nagalpur, has determined an amount of Rs.2,178.57 per sq.mtr over and above the price determined by the Special Land Acquisition Officer. It is, thus, submitted that for the lands acquired of Village Panchot, which is approximately 8 to 9 kilometers away from Village Nagalpur, when this Court has confirmed the additional compensation of Rs.2,178.57 per sq.mtr for the present Village Palavasana also, the awarded amount of compensation by the reference court is required to be enhanced. It is submitted that the District Valuation Committee on 08.10.2004 had determined the amount of Rs.3,000/- for the Village Nagalpur, however, in the present case, Section 4 notification is of 24.04.2008 and hence, there being a gap of 3 years and 6 months and the compensation is required to award at the rate of