Special Land Acquisition Officer and Others vs Raisang Mansangbhai

J.C. Upadhyaya, J.—These three appeals arise out of common judgment and award dated 27.02.2009 rendered by learned 5th Additional Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos. 1081, 1082 and 1084 of 1997 whereby the Reference Court granted additional amount of compensation at the rate of Rs. 60 per sq.mtr to the Respondents - original claimants. The Appellants, who were original opponents in the Land Acquisition Reference Cases felt that the amount awarded by way of compensation was excessive and inflated and, therefore, by means of preferring these appeals, they have challenged legality and correctness of the impugned judgment and award.

Certain agricultural lands of the Respondents - original claimants situated in the outskirt of Village: Ora, Taluka: Vagara, District: Bharuch came to be acquired for the public purpose of construction of minor canal under Narmada Project. The Notification u/s 4 of the Land Acquisition Act (for short "the Act") was published on 15.06.1995 and the Notification u/s 6 of the Act was published on 13.09.1996. The Special Land Acquisition Officer conducted inquiry to determine just and reasonable amount of compensation and at the end of inquiry, declared the award u/s 11 of the Act on 31.01.1997 and offered compensation to the claimants at the rate of Rs. 2.70 per sq.mtr. The original claimants felt that the amount awarded was highly inadequate and meager and claimed that they should have been awarded compensation at the rate of Rs. 70 per sq.mtr and applied for References.

Before the Reference Court, oral as well as documentary evidence came to be produced by both the sides. The Reference Court in the impugned judgment and award took into consideration one earlier award passed in Land Acquisition Reference Case Nos. 946 to 952 of 1998 whereunder the lands of the same village i.e. Village: Ora came to be acquired for identical public purpose wherein the Reference Court had awarded additional compensation at the rate of Rs. 57 per sq.mtr. In the said case, the Notification u/s 4 of the Act was published on 07.10.1993 whereas in the instant case, the Notification was published on 15.06.1995. The difference of time gap was approximately 1 year and 8 months and, therefore, considered 10% rise in appreciation of value of lands per annum. The Reference Court, in the instant case, came to the conclusion that the claimants were entitled to recover additional amount of compensation at the rate of Rs. 60 per sq.mtr. The Special Land Acquisition Officer offered compensation at the rate of Rs. 2.70 per sq.mtr and thus, according to the Reference Court, the claimants were entitled to recover just and fair amount of compensation at the rate of Rs. 62.70 paise per sq.mtr. inclusive of compensation awarded by the Special Land Acquisition Officer. The Reference Court awarded statutory increases namely 12% interest per annum provided u/s 23(1A) of the Act as well as solecism as contemplated u/s 23(2) of the Act and the Reference Court awarded running interest as provided u/s 28 of the Act.

Ms. Shachi Mathur, learned AGP for the Appellants submitted that the impugned judgment and award rendered by the Reference Court is contrary to law and facts on record. It is submitted that the Reference Court erred in relying upon the earlier award passed in Land Acquisition Reference Case No. 947 of 1998. It is submitted that though by virtue of the earlier award, the Reference Court determined the amount of compensation regarding the lands acquired situated in the same Village, but there was no evidence on record to come to the conclusion that those lands and the lands of the Respondents - claimants were identical in terms of potentiality and fertility. Therefore, it is submitted that the appeals deserve to be admitted.

Mr. M. M. Saiyed, learned Counsel for the Respondents - original claimants, on advance copy, appeared and opposed the admission of all these appeals and relied upon the common judgment and order dated 15.02.2011 passed by this Court in First Appeal Nos. 5030 to 5032 of 2010 and submitted that in the said case, the lands of the claimants situated in Village: Ora itself came to be acquired and the Reference Court, in the said case, awarded additional amount of compensation at the rate of Rs. 60 per sq.mtr relying upon earlier award passed in Land Acquisition Reference Case No. 947 of 1998. It is submitted that the Special Land Acquisition Officer challenged the said earlier award before this Court by preferring First Appeal Nos. 5030 to 5032 of 2010 and by common judgment and order dated 15.02.2011, this Court declined to admit those appeals and dismissed the same preferred by the Special Land Acquisition Officer and the State Government. Mr. Saiyed, learned Counsel for the Respondents, therefore, submitted that on the same line, these three appeals deserve to be dismissed.

I have taken into consideration the impugned judgment and award rendered by the Reference Court. It clearly transpires that while awarding additional amount of compensation, at the rate of Rs. 60 per sq.mtr, the Reference Court relied upon earlier award rendered in Land Acquisition Reference Case No. 947 of 1998. Perusing the impugned judgment and award, it clearly transpires that in Land Acquisition Reference Case No. 947 of 1998, the lands of the claimants of that case, belonging to the same Village i.e. Village: Ora came to be acquired for the identical public purpose and in said case, the Notification u/s 4 of the Act was published on 07.10.1993. In the said case, the Special Land Acquisition Officer offered compensation at the rate of Rs. 2.70 per sq.mtr. In Land Acquisition Reference Case No. 947 of 1998, the Reference Court enhanced the amount of compensation at the rate of Rs. 57 per sq.mtr. The Reference Court also took into consideration that in the earlier case, Notification u/s 4 of the Act was published on 07.10.1993 whereas in the instant case, the said Notification was published on 15.06.1995 i.e. the time gap was approximately of 1 year and 8 months. The Reference Court took into consideration the formula of 10% appreciation of value of the lands per annum and accordingly, came to the conclusion that the claimants were entitled to the additional amount of compensation at the rate of Rs. 60 per sq.mtr.

Mr. Saiyed, learned Counsel for the Respondents tendered for perusal the copy of the impugned judgment and order dated 15.02.2011 passed by this Court in First Appeal Nos. 5030 to 5032 of 2010. The copy of the order dated 15.02.2011 shall be retained on record. Considering the judgment and order dated 15.02.2011 rendered by this Court, it transpires that certain lands of the Respondents - claimants in the said appeals situated in the same village i.e. Village: Ora came to be acquired for identical public purpose. In that case, Notification u/s 4 of the Act was published on 13.04.1995 and the Notification u/s 6 of the Act was published on 13.06.1996. The Special Land Acquisition Officer declared award u/s 11 of the Act in that case on 31.01.1997 and offered compensation at the rate of Rs. 2.70 per sq.mtr. The Respondents - claimants, in that case, felt that the amount offered to them was highly inadequate and insufficient and, therefore, applied for References which were numbered and registered as Land Acquisition Reference Case Nos. 1376 to 1378 of 1997. The Reference Court, at the end of trial, partly allowed these Reference Cases and awarded additional compensation at the rate of Rs. 60 per sq.mtr. The Special Land Acquisition Officer and the State felt that the amount awarded was highly inflated and excessive and, therefore, preferred First Appeal Nos. 5030 to 5032 of 2010. When those appeals came up for admission hearing, this Court observed that the Reference Court had determined the amount of compensation, relying upon the earlier award passed in Land Acquisition Reference Case Nos. 947 of 1998 wherein the additional amount of compensation was awarded at the rate of Rs. 57 per sq.mtr. This Court further observed that since there was time gap between dates of Notification u/s 4 of the Act, the Reference Court rightly applied formula of 10% addition per annum in the value of lands as in the said appeals before this Court, Notification u/s 4 of the Act was published on 13.04.1995 wherein in Land Acquisition Reference Case No. 947 of 1998, the Notification u/s 4 of the Act was published prior in time i.e. on 07.10.1993. Accordingly, this Court came to the conclusion that the additional amount of compensation awarded by the Reference Court at the rate of Rs. 60 per sq.mtr. was just and fair amount of compensation and that Reference Court did not commit any illegality or any irregularity while taking base of the earlier award passed in Land Acquisition Reference Case No. 947 of 1998. This Court further observed that there was no case of the Appellants that previous award passed in Land Acquisition Reference Case No. 947 of 1998 has not attained finality and, that, it was either modified or set aside by the higher forum. Even in the instant appeals, nothing is shown that the said earlier award passed in Land Acquisition Reference Case No. 947 of 1998 was either modified or set aside by the higher forum. It is further pertinent to note that even there is no much difference in the date of publication of Notification u/s 4 of the Act namely in the instant case, the Notification u/s 4 of the Act was published on 15.06.1995 whereas in the judgment and order dated 15.02.2011, relied upon on behalf of the Respondents, the Notification u/s 4 of the Act was published on 13.04.1995. In both the cases i.e. in the impugned judgment and award passed by the Reference Court as well as in the impugned judgment and award passed by the Reference Court for which First Appeal No. 5030 of 2010 and allied appeals arose, the lands of the same village came to be acquired. Perusal of the impugned judgment and award rendered by the Reference Court reveals that there was no much difference regarding potentiality and fertility in the lands acquired in the instant case and acquired in Land Acquisition Reference Case No. 947 of 1998. Thus, the concerned Reference Court in both the matters relied upon the very previous award passed in Land Acquisition Reference Case No. 947 of 1998.

On re-appreciation of the evidence adduced by the parties before the Reference Court, this Court is of the opinion that correct findings of facts have been recorded by the Reference Court to which well settled principles of law have been applied. The Appellants, therefore, could not persuade this Court to take a view different than the one taken by the Reference Court on appreciation of evidence adduced before it. Thus, the appeals lack merits and do not warrant any admission.

For the foregoing reasons, the appeals fail and are accordingly dismissed. There shall be no orders as to costs. In view of dismissal of appeals, no order in Civil Applications.