The court affirmed the use of the Yield Method in determining land compensation, emphasizing that adequate evidence of market value and agricultural yield must support claims for enhanced compensation.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. Captioned appeals are directed against the judgment dated 17.01.2017 passed by the learned Additional Senior Civil Judge in Land Acquisition Reference case nos.34 of 2002 and other allied references (hereinafter referred to as “the impugned judgment”) whereby, group of land acquisition reference cases filed by the claimants, came to be partly allowed. Since the issues involved in the captioned group of appeals are common, all the matters, with the consent of the learned advocates, are heard analogously and being decided by this Common Oral Judgment.

2. The learned Advocates appearing for the respective parties have jointly submitted that the captioned group of appeals was decided by the impugned judgment and is identical to the group of First Appeal no. 2625 of 2018 and other allied matters arising out of Land Acquisition Reference Nos. 49 of 2002 to 74 of 2002. It is jointly urged that the present group of First Appeal be decided on the same lines as decided by the coordinate bench today, vide judgment rendered in the group of First Appeal no.2625 of 2018 and other allied matters.

3. Briefly stated are the facts:

3.1 Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act of 1894”) came to be published in the Government Gazette on 12.06.1997 while, section 6 notification, was published in the Government Gazette on 30.10.1997. Followed, was the award passed by the Land Acquisition Officer dated 24.09.1999 and the market value determined, was Rs.3.50/- per sq. mtr. for Jirayat Land and Rs.5.25/- per sq. mtr. for Bagayat Land.

3.2 The claimants, since were aggrieved, approached the Collector and the applications were registered as Land Acquisition Reference case nos.34 of 2002 and other allied matters. All the reference cases were clubbed together, treating Land Acquisition Reference Case no.34 of 2002 as a lead reference. All the references were decided by the impugned judgment and as stated hereinabove, the learned Judge determined the additional compensation at Rs.40.25/- per sq. mtr. for Jirayat Land and Rs.54.43/- per sq. mtr. for Bagayat Land. The total compensation determined, was Rs.43.75/- per sq. mtr. for Jirayat Land and Rs.59.68/- per sq. mtr. for Bagayat Land. Hence, the captioned appeals.

3.3 The Land Acquisition Reference cases were preferred before the Court below wherein, the following issues, in vernacular were formulated, free english translation would be thus:

(i) Whether the claimants prove that the amount awarded by the Land Acquisition Officer, is insufficient;

(ii) If the answer is in yes, as to whether the claimants are entitled for enhanced amount of compensation;

(iii) Whether there is a bar to the claimants of sub-section (2) of section 25 of the Act of 1894.

3.4 The issue nos.1 and 2 were answered in affirmative while, issue no.3 was answered in the negative. In the proceeding before the Reference Court, the claimants had produced oral evidence, namely, Exhibits 29, 57 and 60 and, the documentary evidence were as follows:

3.5 On the other hand, oral evidence on behalf of the Special Land Acquisition Officer and others, was Exhibit 75 and documentary evidence, was Exhibits 77 and 78 i.e. the copies of the sale deeds of survey no.207/1 and survey no.174/paiki/1, both of village Kaniyad.

3.6 The learned Judge, decided all the references by the impugned