IMPORTANT POINT
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.

JUDGMENT :

NISHA M. THAKORE, J.

1. By these appeals under Section 54 of the Land Acquisition Act, the acquiring body Oil & Natural Gas Corporation Ltd. (for short “ONGC or Corporation”) has assailed the common judgment and award dated 13.09.2005 passed by learned Civil Judge (Senior Division) of Mahesana at Mahesana in Land Reference Case Nos. 2392 of 2003 to 2396 of 2003 (main L.A.R. No. 2396 of 2003), whereby the reference at the instance of the land owners of the acquired lands came to be partly allowed by fixing the market price of the acquired land in L.A.Q. Case No. 12 of 1995 at the rate of Rs. 40/- per sq. mtrs. The Court further declared that each of the claimants shall be entitled to the aforesaid market value determined at the rate of Rs. 40/- per sq. mtrs. after applying deduction of the amount awarded by the Special Land Acquisition Officer under Section 11 of the Land Acquisition Act. The claimants were also held entitled to solatium at the rate 30% of the additional compensation as determined. The opponents were also directed to pay the amount of additional compensation which includes the amount awarded under Section 23(1-A) of the Land Acquisition Act and solatium as per the above order with interest at the rate of 12% per annum from the date of publication of Notification under Section 4 of the Act up to the date of the award passed by the Land Acquisition officer in L.A.Q. Case No. 12 of 1995 dated 04.09.1997 under Section 23(1-A) of the Act. The Court had also directed the opponents to pay the amount of additional compensation again which includes the amount awarded under Section 23(1-A) of the Land Acquisition Act and solatium as per the above order with running interest at the rate of 9% per annum for the period of one year from the date of taking over of the possession of the acquired lands. Further directions were also issued to the opponents to pay 15% interest on the aforesaid amount after the period of expiry of one year from the date of taking possession till the entire amount is paid or deposited. The opponents were also held liable to pay proportionate costs to each claimants.

2. Before examining the merits of the present appeals, it would be appropriate to look into the relevant facts, which read as under:

2.1 The lands of respondents-original agricultural land owners situated at village Kasalpura, Taluka-Mahesana, District-Mahesana were acquired by the appellant-ONGC for the public purpose as crude oil was found by the ONGC in the aforesaid acquired lands. Hence, the Notification in this regard under Section 4 of the Land Acquisition Act in L.A.Q. Case No. 12 of 1995 was published on 30.09.1995. The notification under Section 6 was, thereafter, published by the competent authority on 08.08.1996. The objections were invited as per the provisions of the Act, 1894 by the Special Land Acquisition Officer who had followed the due process of law by serving notices under Section 9 of the Act, 1894. The Land Acquisition Officer had determined the market value of the lands at the rate of Rs. 2/- while passing an award under Section 11 of the Act, 1894.

2.2 The original claimants-owners of the respective parcels of lands being aggrieved and dissatisfied with aforesaid amount, though had accepted the amount of compensation, had raised the objection before the competent authority by seeking reference under Section 18 of the Act. The references were received by the court of learned Civil Judge (Senior Division) of Mahesana at Mahesana on 18.03.1998 which were registered as Land Reference Case Nos. 2392 of 2003 to 2396 of 2003 by treating the L.A.R. No. 2396 of 2003 as the main case. Rest of the cases were consolidated and heard together by common judgment and award.

2.3 By seeking reference, the original claimants have prayed for additional amount of compensation by seeking fixation of the market value of the acquired lands at the rate of Rs. 190/- per sq. mtrs. The learned Judge framed following issues at Exh.5:

“[