Compensation for acquired land must be based on reliable valuation evidence, with deductions reflecting the nature of the land and consistent with judicial precedents.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The appellant has filed the present appeals under Section 54 of the LAND ACQUISITION ACT (hereinafter be referred to as “the Act”) challenging the impugned judgment and award dated 06.04.2017 passed by the learned 2^nd Additional Senior Civil Judge, Deesa, District: Banaskantha in Land Acquisition Reference No.65 of 2013 (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.160.75 paise per square meter. Apart from the said enhancement amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with the interest.

2. Brief facts of the present case are that the agriculture lands of respondents-original claimants situated at Village Ubari, Taluka: Kankrej, District Banaskantha have been permanently acquired for the purpose of constructing new broad gauze railway line of Patan – Bhildi vide Land Acquisition Case No. 14 of 2009. For the purpose of acquisition, the award has been declared as per rate of Rs. 24.25 per square meter on 21.06.2012 and paid compensation to the respondents. It is contended that thereafter, the original claimants had preferred a reference cases before the Special Land Acquisition Officer claiming being as original value of the land should be Rs. 1000/- per square meter, but it was decided only Rs. 24.25 per square meter. The Notification under Section 4 of the Act has been issued.

2.1 That the amount of award on the basis of the comparison with the land bearing survey No. 18, 27 paiki, 128 midway of survey no. 3, midway between Sr.No. 395 and 420 and land of the River Banas etc. In respect of these lands, the award of Rs. 525 per square meter following the rates of year 2016 as per exhibit 15 and 16 based on such land has been converted into non-agriculture situated near the road.

2.2 The appellant has filed the written statements in each reference cases wherein it has been stated that the fixed compensation is just and proper after considering quality of the acquired land and surrounding sale transactions. At the time of hearing, claimants have not produced any single documents to decide the rate of compensation and the dispute nor objection has been raised.

2.3 After hearing the respective parties and considering the evidence on record, the learned Judge has partly allowed the reference and directed the respondents to pay compensation to the tune of Rs.185/- per square meter for the acquired agricultural land considering the rate of Rs.525/- per square meter in favour of the claimants. The details of the additional amount are as under:-

Calculation of additional amount which is to be paid L.A.R. No. 65/2013 to 125/2013