ORAL ORDER

[1] Heard learned advocate Ms.Archana Amin for the appellant – original opponent No.2 and learned advocate Mr.Tejas Satta for the respondent No.1 – original applicant and learned Assistant Government Pleader Mr.Aditya Davda for respondent – State.

[2] The challenge in this appeal is against the judgment and award dated 30.12.2019 passed by the learned Principal Senior Civil Judge, Lalpur in Land Reference Case No.112 of 1985.

[3] The brief facts giving rise to appeal may be adverted to;

3.1 Agricultural land of the opponent situated in village Samna and Bavdidad, Tal. Jamjodhpur of Jamnagar district was intended to be acquired by State for the purpose of ‘Radar and Communication of Ministry’. Notification under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as ‘the Act’) came to be published in the Government Gazette on 25.03.1983, whereas the declaration under Section 6 of the Act came to be published on 27.05.1984. The Award under Section 11 of the Act came to be passed on 28.03.1985 by awarding compensation of Rs.5,000/- per hectre for Jirayat land and Rs.7,000/- per hectre for Bagayat land. Being dissatisfied with the Award, the original claimant, a land reference under Section 18 of the Act. The learned Reference Court, vide order dated 30.12.2019, determined the market value of the acquired land at Rs.6,000/- per hectare for Jirayat land and Rs.8,000/- per hectare for Bagayat land. Being aggrieved by the said judgment and award, the present appellant is before this Court.

4. Learned advocate for the appellant has submitted that the land situated in village Samna and Bavdidad, Tal. Jamjodhpur Dist. Jamnagar was acquired by State for the purpose of “Radar and Communication of Ministry.” Section 4 Notification was published on 25.03.1983. Section 6 Notification was published on 27.05.1984. The Award under Section 11 of the Act came to be passed by the Land Acquisition Officer by offering compensation of Rs.5,000/- per Hectare for Jirayat land and Rs.7,000/- per Hectare for Bagayat land. The claim of the original claimant was Rs.12,000/- per Bigha. The learned Reference Court vide impugned Judgment dated 30.12.2019, determined market value of land at Rs.6,000/- per Hectare for Jirayat land and Rs.8,000/- per Hectare for Bagayat land.

4.1 It is submitted by the learned advocate for the appellant that the learned Reference Court did not properly consider the evidence on record and also did not properly consider oral evidence of original claimant. It is further submitted that learned Reference Court has wrongly brushed aside the evidence of sale deeds of similar type of land of the same village registered during 5 years preceding Section 4 Notification and has wrongly determined the market value based upon the yield method and has awarded higher amount of compensation instead of adequate compensation.

4.2 It is further submitted that learned Reference Court has failed to give any cogent reason for re- determining the market value at Rs.6,000/- per hectare for Jirayat land and Rs.8,000/- per hectare for Bagayat land in absence of any supporting evidence produced on record by the claimant. Hence, there is no justification of enhancement of compensation.

5. On the aforesaid grounds, learned advocate for the appellant has submitted that the impugned judgment and award deserves to be quashed and set aside and the amount as awarded by the Land Acquisition Officer may be confirmed.

6. Per contra, learned advocate for the opponent has vehemently opposed the present appeal and has supported the impugned judgment and award passed by the learned Reference Court.

6.1 It is further submitted that claimants are entitled to compensation as per the market value of the land at the time of publication of Notification under Section 4 of the Act. The market value can be ascertained by considering sale instruments of the same or surrounding lands. The next method is a crop manner and third manner is expert evidence or an