JUDGMENT :

L. S. PIRZADA, J.

1. Heard learned Assistant Government Pleader Ms.Shrunjal Shah appearing for the appellants – original opponents and learned advocate Mr.Vidit S. Sharma appearing for the respondents in the respective appeals.

2. As the present appeals are arising out of the common impugned Judgment and Award passed by the learned Reference Court, they are being decided and disposed of by this common Judgment.

3. The present appeals are preferred by the appellants – original opponents under Section 54 of the Land Acquisition Act, 1894 (for short, the “Act”) read with Section 96 of the Code of Civil Procedure, 1908 (for short, the “Code”) against the impugned common Judgment and Award dated 02.01.2017 passed by the learned Principal Senior Civil Judge, Narmada, Rajpipla in Land Acquisition Reference Nos.88 to 97 of 2013 whereby, the learned Reference Court has partly allowed the Land Acquisition Reference and granted additional compensation at the rate of Rs.390/- per sq.mtr. along with the Solatium with interest at the rate of 9% per annum from the date of acquiring the land till one year and at 15% per annum till realization and also granted the other incidental reliefs.

4. Factual matrix of the case are that the lands in question are situated at Village: Jitnagar, Taluka: Nandod, District: Narmada, which have been acquired for the purpose of broadening of Old State Highway Road No.5 Rajpipla Netrang Road.

4.1. It is the case of the appellants that after following the procedure of law, the State Government has sanctioned the Scheme and Notification under Section 4 of the Act has been published in the Government Gazette on 25.03.2011 and another Notification under Section 6 of the Act has been published in the Government Gazette on 02.12.2011.

4.2. It is the case of the appellants that thereafter, notices have been served upon the respective respondents and after providing opportunity of hearing, the Special Land Acquisition Officer has awarded compensation in L.A.Q. No.25 of 2010 on 25.10.2012 wherein, the claimants were awarded compensation at the rate of Rs.27.70/- per sq.mtr for irrigated land.

4.3. Being aggrieved by the aforesaid Award dated 25.10.2012 passed in L.A.Q. No.25 of 2010, the original claimants had challenged the same by way of filing Land Acquisition Reference Nos.88 to 97 of 2013 under Section 18 of the Act before the Learned Principal Senior Civil Judge, Narmada at Rajpipla and after hearing the parties, the Learned Reference Court granted additional compensation at the rate of Rs.390/- per sq.mtr. along with the Solatium with the interest at the rate of 9% per annum from the date of taking possession for first year and thereafter, at the rate of 15% per annum till realization and other incidental reliefs thereto.

4.4. Being aggrieved by the impugned Judgment and Award, the appellants have filed the present appeals against the respective Land Acquisition Reference Cases, the details of which, read as under:-

5. Learned Assistant Government Pleader Ms.Shrunjal Shah appearing for the appellants in the respective appeals submitted that the impugned Judgment and Award passed by the learned Reference Court is bad, illegal and contrary to the law and without appreciating the facts and evidence on record.

5.1. It is submitted that while partly allowing the Land Acquisition Reference, the learned Reference Court had granted additional compensation at the rate of Rs.390/- per sq.mtr. along with the Solatium with the interest at the rate of 9% per annum from the date of acquiring the land till one year and at 15% per annum till realization as well as granted oth