Claimants may be awarded a higher compensation than claimed, as established by the Supreme Court in various cases.

JUDGMENT :

NISHA M. THAKORE, J.

1. This group of Appeals is filed by the original claimants-land owners, seeking enhancement of the award as against the judgment and order dated 25.10.2017 passed by the learned Third Additional Senior Civil Judge, Junagadh, in Land Reference Case No. 04 of 2003 and allied matters. By the said judgment and award, the Reference Court was pleased to award Rs. 5,730/- per Are (Rs. 57.30 per Sq. Mtr.) for irrigated land and Rs. 2,085/- per Are (Rs. 20.85 per Sq. Mtr.) for non-irrigated land as additional compensation in exercise of powers conferred under Section 18 of the Land Acquisition Act.

2. We have heard learned advocate Mr. Nitin Amin, who has appeared on behalf of Mr. Sanjay Amin, learned advocate on record for the appellants and learned Assistant Government Pleader, who has appeared and assisted this Court on behalf of the respondents.

3. Short facts, which arises for consideration from the records of the case, are summarized as under:

3.1 The lands of the original claimants are situated in village: Chandrawadi, Ta. Mendarada, District: Junagadh, which were notified for acquisition for public purpose i.e. Chandrawadi Small Irrigation Scheme. The intention to acquire these lands was declared by the State Government by publishing Notification under Section 4 of the Act on 03.10.1996. The said Notification was followed by declaration of acquisition of land pursuant to issuance of Notification under Section 6 of the Act. In all these Appeals, Special Land Acquisition Officer had passed different awards in respect of the acquired lands determining the market value of land at Rs. 520/- per Are for irrigated land and Rs. 415/- per Are for nonirrigated land.

3.2 As the claimants were dissatisfied with the aforesaid offers, they have approached before the Reference Court under Section 18 of the Act. The different Land Reference Cases came to be registered and the Land Reference Case No. 04 of 2003 was considered as a lead case. The Reference Cases were consolidated and the common evidence were recorded by the Reference Court.

3.3 Before the Reference Court, the original claimants have urged for determining the compensation at the rate of Rs. 6,250/- per Are for irrigated land and Rs. 2,500/- per Are for non-irrigated land. In support of their claims, the original land owners have been examined as witnesses and have also produced on record various documentary evidence. During the course of hearing, reliance was placed upon the earlier decision of the Reference Court being Land Reference Case No. 1467 of 1999 and allied matters, wherein different parcel of lands of nearby villages were acquired for the public purpose for construction of Naredi-Bodka-Piplana Road. In the aforesaid group of matters, the Notification under Section 4 was published by the State Government on 12.09.1994. The Reference Court upon appreciation of evidence in the aforesaid group of matters, had determined the market value of the irrigated land at the rate of Rs. 8,900/- per Are and in case of non-irrigated land, at the rate of Rs. 6,680/- per Are. While appreciating the aforesaid decision, though the Reference Court was of the view that Reference Cases required consideration, however, noticing the fact that the original claimants have restricted their claims of lesser value, the Reference Court refused to apply the aforesaid decision in the facts of the case. By the impugned judgment and award, the Reference Court has proceeded to fix the market value of the irrigated land at the rate of Rs. 5,730/- per Are and in case of non-irrigated land, Rs. 2,085/- per Are. Hence, these First Appeals at the instance of the original claimants.

4. Learned advocate on record for the appellants and the learned Assistant Government Pleader appearing for the respondents have at the outset invited our attention to the relevant observations of the Reference Court and have submitted that though the purshish was filed at Exhibit 84 by the Executive Engine