Compensation for acquired land must reflect its fair market value, including consideration of agricultural yield and proper escalation adjustments based on market conditions at the time of acquisition.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. There are two batch of appeals out of which First Appeal Nos.265 of 2012 to 274 of 2012 is directed against the common judgment and award dated 27.09.2011 passed by the learned 4^th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Junagadh, (hereinafter referred to as the "Reference Court") in Land Acquisition Reference Case Nos.185 of 2005, 178 of 2005 to 189 of 2005, 192 of 2005, 195 of 2005, 198 of 2005, 201 of 2005, 204 of 2005 and 205 of 2005 whereby the References were allowed and the respondents were held liable to pay additional amount of compensation to the original claimants along with interest and costs. Notification under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter be referred to as “the Act”) in respect of the irrigated agricultural lands under acquisition situated at Village: Dhanfulia, Taluka: Vanthli, District: Junagadh was published on 09.09.1999 for the purpose of Construction of Vadla Dhanfulia Sonardi Road Project and notification under Section 6 of the Act was published on 04.10.2001 and, thereafter, the notice under Section 9 of the Act issued to the claimants and the Special Land Acquisition Officer passed an award on 01.04.2002 under Section 11 of the Act whereby awarded Rs.6.25 per square meters for irrigated land (Piyat) and Rs.5/- per square meters for non-irrigated land (Baret).

1.1 The another batch of appeals being First Appeal Nos.277 of 2012 to 286 of 2012 is directed against the common judgment and award dated 27.09.2011 passed by the learned 4^th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Junagadh, (hereinafter referred to as the "Reference Court") in Land Acquisition Reference Case Nos.170 of 2005 to 176 of 2005, 178 of 2005, 183 of 2005 and 184 of 2005 whereby the References were allowed and the respondents were held liable to pay additional amount of compensation to the original claimants along with interest and costs. Notification under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter be referred to as “the Act”) in respect of the irrigated agricultural lands under acquisition situated at Village: Dhanfulia, Taluka: Vanthli, District: Junagadh was published on 09.09.1999 for the purpose of Construction of Vadla Dhanfulia Sonardi Road Project and notification under Section 6 of the Act was published on 06.01.2000 and, thereafter, the notice under Section 9 of the Act issued to the claimants and the Special Land Acquisition Officer passed an award on 01.04.2002 under Section 11 of the Act whereby awarded Rs.6.25 per square meters for irrigated land (Piyat) and Rs.5/- per square meters for non-irrigated land (Baret).

2. This batch of appeals, is being decided by this common judgment and order.

3. Brief facts of the present case are that the irrigated agricultural land (Piyat) of the respective claimants were acquired by the respondent – State Authorities for the purpose of constructing of Vadla Dhanfulia Junagadh Road situated at Village: Dhanfulia, Taluka: Vanthli, District: Junagadh. The Notification under Section 4 of the Act was published on 09.09.1999 and Notification under Section 6 of the Act was published on 06.01.2000 in second batch of appeals and 04.10.2001 in first batch of appeals respectively. The Notice under Section 9 of the said Act was issued to the claimants.

3.1 It is the case of the appellants that an award dated 01.04.2002 came to be passed by the Special Land Acquisition Officer in Land Acquisition Case No.22 of 1999 whereby the Special Land Acquisition Officer awarded Rs.6.25/- per square meters for irrigated land (Piyat) and Rs.5/- per square meter for irrigated land (Baret) in first batch of appeals.

3.2 It is the case of the appellants that an award dated 16.03.2002 came to be passed by the Special Land Acquisition Officer in Land Acquisition Case No.22 of 1999 whereby the Special Land Acquisition Officer awarded Rs.6.25/- per square meters for irrigated la