IMPORTANT POINT
The proper adherence to land acquisition procedures and the relevance of previous decisions, accepted by the State Government, influenced the court's decision.

JUDGMENT :

(Nisha M. Thakore, J.)

1. The present appeal under Section 54 of the Land Acquisition Act, is directed against the judgment and award dated 31.08.2016 passed below Exhibit 38 by the learned Principal Senior Civil Judge, Patan, in Land Acquisition Reference No.310 of 2011 (Main case) and other allied matters. By the said common judgment and award, the learned Judge has partly allowed the Reference and has enhanced the amount of compensation determining the market value of land acquired at the rate of Rs. 106/- per Sq. Mtr. in lands, having no right of entry through Nalia Marg or existing Pakka road for entry and Rs.105/- per Sq. Mtr. in lands having right of entry through Nalia road. Apart from the aforesaid enhanced amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with interest.

2. In order to appreciate the dispute involved in the appeal, it would be appropriate to revisit the relevant dates of acquisition proceedings. The same are summarized as under:

2.1 The appellant - Railway Authority intended to acquire various parcels of land situated in village: Kalodhi of District: Patan for the construction of Patan – Bhildi New Broad Gauge Railway line for public purpose. The Notification under Section 4 of the Land Acquisition Act being LAQ Case No.5/2009 was published in the Gazette on 26.08.2009 declaring the aforesaid intention to acquire the lands specified in the schedule. The aforesaid Notification was subsequently published in two local newspapers and was also displayed at the convenient places in the locality on 20.9.2009 and 17.11.2009 respectively. The said Notification was followed by Notification issued under Section 6 of the Act. Finally, the Notification under Section 6 of the Act was later on published on 01.04.2020.

2.2 The Special Land Acquisition Officer, Patan, after following procedure prescribed under the Act, passed an award under Section 11 on 16.07.2011 in LAQ Case No.5/2009. The Special Land Acquisition Officer awarded compensation of Rs.7,66,763/- for total acquired land of 4 H. - 03 RA and 35 Sq. Mtr.

2.3 Being aggrieved and dissatisfied with the aforesaid market value determined by the Land Acquisition Officer, the land owners sought Reference under Section 18 of the Act. The said References were registered with the learned Principal Senior Civil Judge, Patan on 15.12.2011 being Land Reference Case Nos.310 to 319 of 2011. Considering the facts of the case, the learned Judge by an order dated 23.01.2014 had consolidated the aforesaid Land Reference Cases, whereby the Land Reference Case No.310 of 2011 was treated as main matter.

2.4 The Reference Court partly allowed the Reference Cases and awarded the compensation by fixing market value of lands acquired at the rate of Rs.118.05 Paise per Sq. Mtr. The original claimants – land owners have mainly relied upon the earlier decision of the Reference Court in the case of acquisition of lands of village: Vayad being Land Reference Case Nos.1 of 2012 to 42 of 2012, decided on 30.12.2015, which was produced at Exhibit 33 as well as the decision of the Reference Court dated 16.07.2014 in Land Reference Case Nos.240 of 2011 to 250 of 2011, wherein the lands were acquired for Sujalam Sufalam Spreading Canal Yojana produced at Exhibit 32.

Hence, this appeal against the aforesaid award of enhancement at the instance of Railways.

3. Ms. Archana Amin, learned advocate for the appellant Railway has at the outset, placed on record the letter dated 01.12.2015 addressed by the Narmada, Water Resource, Water Supply & Kalpasar Department to the Executive Engineer, Sujalam Sufalam Spreading Canal Yojana, Circle No.2, Kherva, Mehsana and has submitted that the State Government has accepted the aforesaid decision dated 16.07.2014 passed by the Reference Court in Land Acquisition Reference Case Nos.240 to 250 of 2011 in the case of acquisition of land of village: Vayad, Taluka and District: Patan for Sujalam S