Case Note & Summary
The present appeal was filed by the original claimants (appellants) challenging the judgment and award dated 20.07.2018 passed by the learned Reference Court in L.A.R. No. 12 of 2009, whereby the Reference Court partly allowed the reference and determined the market value of the acquired land at Rs.6 per square meter for Jirayat (non-irrigated) land and Rs.10 per square meter for Bagayat (irrigated) land. The land was acquired by the State of Gujarat for a public purpose. At the outset, learned advocates for both parties submitted that this Court had already passed an order in First Appeal No. 4553 of 2025, wherein the compensation was enhanced to Rs.65.70 per square meter for irrigated land and Rs.65.55 per square meter for non-irrigated land. It was further submitted that the present appeal was inadvertently left out from the said group of appeals and that the issues involved herein are squarely covered by the judgment rendered therein. Having considered the submissions and upon perusal of the judgment in First Appeal No. 4553 of 2025, the Court found that the facts and issues were identical. The Court noted that the earlier judgment had been passed under Section 54 of the Land Acquisition Act, 1894, and had enhanced compensation based on comparable sale instances and other evidence. Accordingly, the Court held that the present appeal is squarely covered by the earlier judgment and allowed the appeal, setting aside the impugned award and enhancing the compensation to Rs.65.70 per square meter for irrigated land and Rs.65.55 per square meter for non-irrigated land, with all statutory benefits including solatium, additional compensation, and interest under the Land Acquisition Act, 1894. The Court directed the respondents to pay the enhanced compensation within a period of eight weeks from the date of receipt of the order.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Section 54 - Appeal against Reference Court award determining compensation at Rs.6/sq.m for Jirayat and Rs.10/sq.m for Bagayat land - Court enhanced compensation to Rs.65.70/sq.m for irrigated land and Rs.65.55/sq.m for non-irrigated land following precedent in First Appeal No.4553 of 2025 - Held that the present appeal is squarely covered by the earlier judgment and compensation should be enhanced accordingly (Paras 3-5).
Issue of Consideration
Whether the appellants are entitled to enhanced compensation for acquired land at the same rate as determined in a related appeal involving similar land and acquisition.
Final Decision
The appeal is allowed. The impugned judgment and award dated 20.07.2018 passed by the learned Reference Court in L.A.R. No. 12 of 2009 is set aside. The appellants are entitled to enhanced compensation at the rate of Rs.65.70 per square meter for irrigated land and Rs.65.55 per square meter for non-irrigated land, along with all statutory benefits including solatium, additional compensation, and interest under the Land Acquisition Act, 1894. The respondents are directed to pay the enhanced compensation within a period of eight weeks from the date of receipt of the order.
Law Points
- Compensation enhancement
- Land acquisition
- Market value determination
- Precedent binding effect
