ORDER :

J. C. DOSHI, J.

1. The common judgment and award in Land Acquisition Case Nos.20 of 2002 to 26 of 2002 [lead LAR No.23 of 2002] dated 14.06.2002 is assailed under Section 54 of the Land Acquisition Act, 1894 (‘the Act’, for short) by the acquiring body.

2.1 The facts in brief are that the State Government, on request of Acquiring Body, acquired the following lands situated in village Umrej, Tal.Dist.Bharuch, for the public purpose of construction of the Gandhar Gas Processing Complex Colony

2.2 The Notification under Section 4 of the Act is published on 11.11.1997 followed by Notification under Section 6 of the Act on 11.09.1998. The Special Land Acquisition Officer, in Land Acquisition Case No.10 of 1999 [Old Case No.06 of 1997] awarded Rs.2600 per Are i.e. Rs.26.00 per sq mtr for non-irrigated lands.

2.3 The claimants being aggrieved preferred Reference under Section 18 of the Act before the Reference Court i.e. Principal Senior Civil Judge, Bharuch, who after permitting both the parties to lead evidence, by impugned common judgment and award held that the claimants are entitled to amount of Rs.71.09 paisa per sq mtr as an additional compensation for their acquired lands with statutory benefits that brings the tenant to compensation of Rs.97.09 paisa per sq mtr. The GAIL, being aggrieved, preferred this batch of appeals challenging the said common judgment and award.

3. Heard learned advocate Mr.Vishwas Shah appearing for the appellant – GAIL and learned Assistant Government Pleader Mr.Hemali Soni. None remained present for the original claimants.

4. The contentions made by the learned advocate Mr.Vishwas Shah that the Reference Court without having any cogent, compulsive and convincing evidence, has fixed the compensation manifold. He would further submit that granting of such huge compensation to the claimants, without any basis of evidence, is absolute erroneous on the part of the learned trial Court and, therefore, he submitted that the impugned order may be set aside.

5. Learned Assistant Government Pleader Ms.Hemali Soni supports the contentions made by learned advocate Mr.Shah for the GAIL. None remained present for the original claimants.

6. At the outset, this Court apt to refer paras:17, 18, 19, 20 21 and 22 of the impugned judgment.

“(17) Now, so far as the relevancy of earlier award is concerned, claimants have relied upon the judgment of Bholav bearing L.A.R.No.163/1998, a copy of that judgment is produced vide Exh.23 wherein in the then Extra Assistant Judge, Bharuch awarded Rs.325/- per sq. mtr. after deducting compensation paid by LAO. More over the claimants have also relied upon the judgment of Kanbivaga bearing L.A.R.No.561/1991 (Main), a copy of that judgment is produced vide Exh.24, wherein the then 3rd Jl. Civil Judge (S.D.), Bharuch has awarded Rs.250/- per Sq. Mtr. market value of the land. The claimants have also relied upon the Certificate issued by the TDO with regarding NA permission. They have also relied upon the copy of Map of village Umraj vide Exh.26 and also relied upon the map showing the simada of village Nandelav vide Exh.27. They have also relied upon the Sale deed vide Exh.38. They have also Map showing residential Zone-1 surrounding acquired lands vide Exh.84. They have also relied upon Zoning Certificate regarding residential development of Survey Nos.85-86 of village Umraj, Ta. Dist. Bharuch executed by the Bharuch Ankleshwar Urban Development Authority vide Exh.85 and also relied upon Zoning Certificate regarding residential development of Survey Nos.90-91 of village Umraj, Ta. Dist. Bharuch executed by the Bharuch Ankleshwar Urban Development Authority vide Exh.86.

(18). As against the above evidence of the claimants, the referrers side have produced the documents i.e. judgment same village Umraj bearing L.A.R.N