The main legal point established in the judgment is the determination of the market value of acquired lands based on comparable instances and the application of suitable adjustments with regard to positive and negative factors as enumerated in the Land Acquisition Act.

JUDGMENT :

1. Heard learned Advocate Mr.Siraj Gori on behalf of the appellant and learned AGP Mr.Akash Chhaya on behalf of the respondent State.

2. By way of these appeals, the appellant challenges the judgment and order dated 27.2.2015 passed in Land Acquisition Reference No.969 of 1998 corresponding to First Appeal No.1409 of 2019 and Land Acquisition Reference No.928 of 1998 corresponding to First Appeal No.1410 of 2019. Since judgment is with regard to lands situated in the same village and whereas since the considerations, which weighed with the learned Reference Court were similar, this Court deems it appropriate to decide both the First Appeals finally by way of the present common judgment.

3. Facts which are relevant for the purpose of deciding the present First Appeals are enumerated herein below:-

First Appeal No.1409 of 2019 :-

3.1. This appeal concerns the land bearing Survey Nos.63 and 65 situated at Village Borij, Taluka and District Gandhinagar. The total area of land concerning the said Survey numbers is 35309 sq. mtrs. Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as “the Act” for short) had been issued on 20.12.1968, whereas an amended Notification under Section 4(1) of the Act had been again issued on 21.1.1969. The Notification under Section 6 of the Act was published on 25.4.1969. The Land Acquisition Officer had declared his award under Section 11 of the Act on 27.9.1971 awarding an amount of Rs.3,000/- per Hectare. It would be pertinent to mention here that while the original award had been declared in he year 1971, on account of certain intervening litigations before the learned Civil Court as well as before this Court as regard ownership of the land as well as against non-payment of compensation, ultimately the final award came to be declared by the Land Acquisition Officer on 21.3.1996 awarding a total amount of Rs.10,592.70 for the total area, which would roughly translate to around Re.00.30 per sq. mtr. Being aggrieved by the amount awarded, the appellant – land owner had preferred Land Reference under Section 18 of the Act and whereas vide impugned judgment and order, the learned Reference Court being the Principal Sr. Civil Judge, Gandhinagar had enhanced the compensation payable to the tune of Rs.,9000/- per Hectare i.e. approximately Re.00.90 per sq. mtr. Being aggrieved by the impugned judgment and order, more particularly seeking enhancement of compensation, the appellant has preferred the afore-mentioned appeal.

First Appeal No.1410 of 2019 :-

3.2. This appeal concerns land bearing Survey Nos.32/1, 32/2 and 43 situated at Village Borij, Taluka and District Gandhinagar, admeasuring approximately 49573.99 sq. mtr. The Notification under Section 4 of the Act had been originally issued on 10.3.1965, which was amended vide Notification dated 25.3.1965 and whereas Notification under Section 6 of the Act came to be issued on 21.8.1965. As stated herein above, while the original award came to be published on 18.9.1971, on account of intervening litigations and upon direction of this Court as far as the said lands were concerned, award under Section 11 came to be declared by the Land Acquisition Officer on 21.3.1996 awarding a total compensation of Rs.11,187/-. The Land Acquisition Officer had awarded Rs.22.50 and Rs.20 for different parcels of land and whereas on an average the compensation was awarded at the rate of Re.00.20 per sq. mtr. Aggrieved by the award, the land owner had preferred Land Reference under Section 18 of the Act and whereas the Reference Court being the learned Principal Sr. Civil Judge, Gandhinagar vide the impugned judgment and order had enhanced the compensation to the tune of Rs.67.50 per guntha for land bearing Survey Nos.32/1 and 32/2 and Rs.60 per guntha for land bearing Survey No.43. On an average, the increase works out to Re.00.65 and Re