Case Note & Summary
The case involves two first appeals filed under Section 54 of the Land Acquisition Act, 1894, by the appellant, Dhamanva Gopalk Sahkari Mandli, challenging the award dated 09.04.2012 passed by the learned Reference Court in LAR Nos.663 and 665 of 2009. The Reference Court had determined additional compensation at Rs.97.10 per sq. mtr. for land acquired in Village Dhamanva, Taluka Visnagar, District Mehsana, for the public purpose of constructing the Sujlam Suflam Spreading Canal, for which Section 4 notification was issued on 24.06.2004/03.07.2004. At the outset, learned advocates for both parties submitted that a common judgment was passed by the Reference Court in a group of LAR Nos.663 to 665 of 2009, and that First Appeal No.5629 of 2019, arising from LAR No.664 of 2009 filed by the claimant, had been partly allowed by a Division Bench, directing the opponent-State to pay additional compensation at Rs.110.10 per sq. mtr. with permissible statutory benefits, instead of Rs.97.10 per sq. mtr. The High Court considered the submissions and referred to the decision in First Appeal No.5629 of 2019, wherein the Division Bench had determined the market value of the lands of Village Dhamanva acquired for the same canal project. The Division Bench had examined the impugned judgment and award in First Appeal No.1520 of 2011 and noted that the claimant had relied on a previous award at Exhibit-27, being judgment and award in Land Acquisition Reference Nos.329 to 332 of 2008. The High Court, in the present appeals, found that the facts were identical and that the Division Bench's decision was binding. Consequently, the court allowed the appeals, set aside the Reference Court's award, and directed the opponent-State to pay additional compensation at Rs.110.10 per sq. mtr. with all permissible statutory benefits under the Act.
Headnote
A) Land Acquisition - Compensation Enhancement - Section 54 of Land Acquisition Act, 1894 - Market Value Determination - The appeals challenged the Reference Court's award of Rs.97.10 per sq. mtr. for land acquired for Sujlam Suflam Spreading Canal. The High Court, relying on a Division Bench decision in First Appeal No.5629 of 2019, enhanced the compensation to Rs.110.10 per sq. mtr. with statutory benefits, holding that consistency in compensation for similarly situated claimants is necessary (Paras 1-3).
Issue of Consideration
Whether the compensation awarded by the Reference Court for acquired land in Village Dhamanva should be enhanced in line with a previous Division Bench decision in a related appeal.
Final Decision
The appeals are allowed. The impugned judgment and award dated 09.04.2012 passed by the learned Reference Court in LAR Nos.663 and 665 of 2009 is set aside. The opponent-State is directed to pay additional compensation at the rate of Rs.110.10 per sq. mtr. with all permissible statutory benefits available under the Land Acquisition Act, 1894.
Law Points
- Land Acquisition Act
- 1894
- Section 54
- Market value determination
- Reliance on previous awards
- Enhancement of compensation
