JUDGMENT :

BIREN VAISHNAV, J.

ORDER IN FIRST APPEALS WITH CIVIL APPLICATIONS FOR ADDITIONAL EVIDENCE AND CIVIL APPLICATIONS FOR STAY WITH CROSS-OBJECTIONS

1. The First Appeals are filed by the appellant – State challenging the judgment and order dated 05.03.2022 passed under Section 18 of the Land Acquisition Act, 1894 by the learned Reference Court, Baroda (20th Senior Civil Judge at Vadodara), whereby, the rate of compensation under the respective land reference cases was increased from Rs.1914/- per sq. mtr. to Rs.26,048/- per sq. mtr..

1.1 Cross-objections have been filed by the original claimants claiming that when their claim was for enhancement to the extent of Rs.65,000/- per sq. mtr., the order of the Reference Court in partly allowing the reference by enhancing the amount only to the extent of Rs.26,048/- was bad. The Cross-Objections have been filed for claiming an additional remaining amount of Rs.38,952/-.

2. The dispute in the present matters is pertaining to land bearing survey no.1/A/2 shown in City Survey part-B bearing Tika Nos.27/15, 27/16 and 27/17 situated near Lalbaug Crossing, Kasba, Vadodara admeasuring 1,28,073 sq. mtrs. equivalent to approximately 53 vighas and 17 vasa. The lands are now bearing new survey nos.371 and 372.

3. Brief facts leading to filing of these proceedings are as under:

3.1 The land in question came to be acquired by the State Government vide notification dated 09.02.2007 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as ‘the Act’ for short). For the acquisition of the said land, the State Government had invoked the urgency clause for the acquisition thereafter. By an award dated 11.12.2008, the Land Acquisition Officer awarded an amount at the rate of Rs.1904/- per sq. mtr. The claimants, aggrieved by the award sought reference under Section 18 of the Act.

3.2 Before the District Court, the claimants claimed an amount of Rs.65,000/- per sq. mtr. By a judgment and award dated 05.03.2022, the Reference Court at Vadodara, granted an amount of Rs.26,048/- per sq. mtr. holding that the market value of the land under acquisition will be Rs.26,048/- per sq. mtr. on the date of Section 4 notification which was published on 09.02.2007. The Reference Court further granted amount of interest/rent/damages to the claimants from 29.11.1991 till 09.02.2007 at the rate of 15% on the ground that the State Government was in possession of the land from 29.11.1991. The Reference Court further passed an order directing the State Authorities to pay interest at the rate of 12% from 09.02.2007 i.e. the date of Section 4 notification till the date of the award i.e. 11.12.2008. A further direction was issued to grant solatium at the rate of 30% on an additional amount of compensation granted to the claimants. Accordingly, the Land Reference Court directed the State Authorities to pay the following amounts:

i. Rs.2,96,16,76,212.00 by way of additional compensation at the rate of Rs.24,134/- per sq. mtr. i.e. Rs.26,048.00 – Rs.1914/-.

ii. Rs.65,15,68,766.64 by way of interest at the rate of 12% per annum on additional compensation under Section 23(1A) of the Act from 09.02.2007 i.e. date of Section 4 notification to 11.12.2008 i.e. date of award.

iii. Rs.88,85,02,863.60 by way of solatium of 30% on the amount of additional compensation under Section 23(2) of the Act.

iv. Rs.729,20,94,260.00 by way of interest/rent at the rate of 15% from 29.11.1991 i.e. date on which the State Authorities was alleged to have come into possession of the land in question for the period anterior to Section 4 notification.

In all, the total amount would be Rs.11,79,38,42,102.60.

v. Rs.26,65,50,859.00 was awarded by way of interest at the rate of 9% per annum on the additional compensation for the period of one year from 09.02.2007 (date of Section 4 notification), under Section 28 of the Act.

vi. Rs