The main legal point established in the judgment is the requirement for concrete evidence to determine the fair value of acquired land under the Land Acquisition Act, 1894, and the Court's authority to assess the value by applying the method of annual increase in the value of the property.

JUDGMENT

Subodh Abhyankar, J. - Heard finally, with the consent of the parties.

2. This order shall also govern the disposal of all the aforementioned First Appeals, regard being had to the common issue of valuation of land, in the land acquisition proceedings relating to village Semalkheri, District Dhar under the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894'). In all the appeals, the appellants have also filed their respective cross-objections being aggrieved of the inadequacy of the value assessed by the reference court. For the sake of convenience, the facts as narrated in F.A. No.215/2021 are being taken into consideration.

3. This appeal has been preferred under Section 54 of the Act of 1894 against the award dated 17.03.2020, passed in Land Acquisition Case No.36/2018 by First Additional District Judge, Sardarpur, District Dhar.

4. In brief, the facts of the case are that the respondent Manikantabai owns a land at village Semalkheri, District Dhar. It is undisputed that the State Government wanted to construct a pond at village Bamankheri, known as Bamankheri Pond, for which certain lands were acquired of village Semalkheri, Tehsil Sardarpur of various survey numbers, ad-measuring 40.835 hectares. A notification under Section 4(1) of the Act of 1894 was issued on 31.08.2007. Thereafter, on 05.01.2009, the Land Acquisition Officer passed the award assessing the value of the land to be Rs. 1,09,810/-for unirrigated land, and Rs.1,64,715/- for irrigated land. Being aggrieved, a reference was made by the respondent in the Reference Court i.e. First Additional District Judge, Sardarpur, District Dhar, who, vide its order dated 17.03.2017, has passed the final award, and has assessed the value for unirrigated land to be Rs.3,32,000/-per hectare with interest as provided therein. Being aggrieved of the aforesaid award, the State has filed these appeals whereas, the respondents have filed cross objections.

5. Shri Vaibhav Bhagwat, learned counsel for the appellant State has submitted that the Reference Court has relied upon only one document produced by the respondents, which was the sale deed (Ex.P/1) dated 15.05.2006, in respect of a land ad-measuring 0.041 hectare situated at adjacent village Dasai, which was sold for a sum of Rs.1,77,000/- although its market value is stated to be Rs.3,32,000/-. Counsel has submitted that the aforesaid sale deed could not have been relied upon for the purpose of adjudicating the rate of the land firstly, as the sale deed is in respect of some other village, and secondly, the land area in the sale deed is only around 4413 sq.ft. (0.041 hectare), and the value of a small piece of land could not have been taken into account to assess the compensation to be paid to the respondents who have held large pieces of land.

6. In support of his submission, Shri Bhagwat has also relied upon a decision rendered by the Supreme Court in the case of Bharat Sanchar Nigam Ltd. Vs. M/s Nemichand Damodardas & Anr. Passed in Civil Appeal No.3478/2022 dated 11.07.2022.

7. The prayer is opposed by Shri Anuj Bhargava, the counsel for the respondent who has also filed a cross objection, and it is submitted, that no case for reduction of award is made out as claimed by the State, and on the contrary, the compensation needs to be enhanced for the reasons that the Reference Court has erred in considering the value of the land to be Rs.3,32,000/- for 1 hectare, despite the fact that the sale deed which has been proved as Ex.P/1 by the respondent clearly states that the market value of the land is Rs.3,32,000/- for 0.041 hectare, whereas, the sale deed was executed for a sum of Rs.1,77,000/- for 0.041 hectare and not for 1 hectare. Thus, it is submitted that applying the rate the appropriate calculation in respect of the proper value of the land would be Rs.43,17,073/- as per the sale value for unirrigated land. Thus, it is submitted that the amount of Rs.3,32,000/- is on lower side and needs to be en