IMPORTANT POINT
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.

JUDGMENT :

NISHA M. THAKORE, J.

[1.] By this appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, the appellants- State Authorities/original opponents have challenged judgment and award dated 31.12.2009 passed by the learned Principal Senior Civil Judge at Junagadh in Land Reference Case No.1362 of 1999.

[1.1] By the said impugned judgment and award, the opponents therein were directed to pay additional amount of compensation at the rate of Rs.2500/- (Rs.3,000/- market value – Rs.500/- already awarded = Rs.2500/-) per Are for the irrigated land to the applicant of the reference petition. The claimant was also held entitled to get increase upon the market price at the rate of 12% per annum from the date of notification published under Section 4 of the Act till the date of award with interest as per Section 23(1)(A) of the Act and 30% solatium upon the market price with interest as per Section 23(2) of the Act. The original claimant was also entitled to get 9% interest upon the compensation from the date of taking over possession for one year and thereafter, at the rate of 15% interest per annum from the subsequent year till realization. The trial court has further directed that interest is awarded on the aggregate amount of compensation by the opponents and opponents to bear their own costs.

[2.] Today, when the matter was taken up for hearing, learned AGP Ms. Tanushree Shrimal appearing for the appellants, under instructions, has submitted that the appeal was preferred by the original claimants seeking enhancement against the award passed by the reference court, which is under challenge in the present appeal preferred by the State Authorities. The aforesaid appeal being First Appeal No.2221 of 2010 was partly allowed by this Court vide oral judgment dated 12.02.2014, whereby the impugned judgment and award dated 31.12.2009 in Land Reference Case No.1362 of 1999 passed by learned Principal Senior Civil Judge, Juanagadh was modified and the original claimant was held entitled to additional compensation at the rate of Rs.10/- sq. mtrs. (Rs.40/- Rs.30/-). She has further submitted that the aforesaid order has attained finality as no further challenge is made by the appellants-State Authorities. She has, therefore, urged this Court to pass appropriate order.

[3.] Learned advocate Mr. Nitin Amin has appeared for the respondent, and has fairly accepted that the present appeal challenges the very same impugned judgment and award and the issue involved has already been decided by this Court in First Appeal No.2221 of 2010 on 12.02.2014, therefore, no interference is required to be called for. He has further submitted that the aforesaid order has not been taken in appeal before higher forum. He has, therefore, urged to dismiss the present appeal as the same is not maintainable.

[4.] I have heard the learned advocates for the respective parties and perused the aforesaid judgment. It would be appropriate to reproduce the relevant observations of the Co-ordinate Bench while deciding the issue involved, which read as under:

“1. By this appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, the appellant-original claimant has challenged judgment and award dated 31.12.2009 passed in Land Reference Case No.1362 of 1999 by learned Principal Senior Civil Judge, Junagadh.

2. The land belonging to the appellant-original claimant, situated at Village Badalpur, Taluka and District Junagadh, was acquired by the State Government for the public purpose of “Ozat-2 Irrigation Project”. Notification under Section 4 of the Act was issued on 13.10.1993 followed by declaration under Section 6 of the Act dated 07.05.1994. Proceedings so initiated, culminated into the award under Section 11(1) of the Act, which was made and declared by the Special Land Acquisition Officer on 16.02.1995. The Special Land Acquisition Officer awarded Rs.5/-