1. Present appeal is preferred under section 54 of the Land Acquisition Act, 1894 (for short "the Act") read with section 96 of the Code of Civil Procedure, 1908 (for short "the Code") by the State against the judgment and award dated 7.2.2013 passed by the learned Principal Senior Civil Judge, Keshod in Land Acquisition Reference Case No.310 of 2012 (Old No.88 of 2010), whereby, total amount of Rs.16,700/- per Aare for the acquired lands has been awarded with other consequential benefits to the original claimant.
2. The lands of the claimant situated at village Magharvada, Tal: Keshod, Dist: Junagadh came to be acquired by the State for the purpose of Sabali Irrigation Scheme by issuing notifications under sections 4 and 6 of the Act on 6.10.2009 and 9.6.2010 respectively. The Special Land Acquisition Officer vide his award u/s 11 of the Act, awarded Rs.8900/- per Aare for irrigated land and Rs.6680/- per Aare for non-irrigated land as compensation for the acquired lands. The learned Reference Court, by impugned judgment and award, partly allowed the reference of the original claimant and granted total amount of compensation of Rs. 16,700/- per Aare . Feeling aggrieved by the award, the State has preferred the present appeal.
3. Heard learned AGP Ms. Dharitri Pancholi. Learned AGP raised solitary contention that rise of 10% for each year is considering the market price from the land acquired in 1994 to land acquired in 2009 is excessive and exorbitant and therefore, she submits to allow this First Appeal.
4. What could be noticeable that the learned Reference Court while granting total compensation of Rs.16,700/- per Aare, relied upon the judgment of Land Acquisition Reference Case Nos.1467 to 1481 of 1999 passed by the learned 3 rd Addl. Senior Civil Judge, Junagadh at Exh.27, so also joint pursis at Exh.30 duly signed by the Deputy Executive Engineer, Irrigation Sub Department No.29, Keshod, whereby the State Government has accepted the amount of compensation granted in Land Acquisition Reference Case Nos.1467 to 1481 of 1999.
5. In the judgment under reference, notification u/s 4 of the Act was published on 12.9.1994 and in the present case, notification u/s 4 was published on 6.10.2009 and therefore, the learned Reference, considering 10% rise for each year, for the period of 15 years, granted total compensation of Rs.16,700/- per Aare. In that regard, para 14 and 15 of the impugned judgment and decree is relevant, which reads as under:-
"14] The lands of village Magharvada, Tal. Keshod were acquired vide LAQ No.08/2008, whereas the lands of village Naredi were acquired vide LAQ No.15/1993. Learned Advocate for the applicant as well as the opponent have filed a joint pursis at Exh.30 to that effect that they have no objection if the market Value of his land is fixed by relying the judgment (Exh.27) passed by Hon'ble 3rd Addl. Senior Civil Court, Junagadh in LRC No. 1467/99 to 1481/99 Group cases. In the judgment of village Naredi passed in 1467/99 to 1481/99 (LAQ No.15/93) copy of which is produced at Ex.27, Hon'ble 3rd Addl. Senior Civil Judge, Junagadh has fixed market price of acquired lands at the rate of Rs.8,900/- per Are for Irrigated lands and at the rate of Rs. 6,680/- per Are for Non- Irrigated lands. Therefore, the award passed by the Hon'ble 3rd Addl. Senior Civil Judge, Junagadh can be taken into consideration for ascertaining the market value of present acquired land. In the present reference case, the notification u/s. 4 was published on 06/10/2009, whereas, in LAQ No. 15/93, the notification u/s. 4 was published on 12/09/1994. So, the case in hand is later then the case which would be taken into consideration. Therefore, the applicant would be get 10% more per year for the period of 15 years (10% of Rs.6680/-.comes to Rs.668/- and for the period of 15 years it come to Rs.10020/-) would be added to that amount, i.e Rs.6680/- plus Rs.10020/- comes to Rs.16,700/-. Therefore, in view of the above, as there is difference of 15 years compared to the judgment which is taken into consideration, compensation at the rate of Rs. 16,700/- per Are for Non-Irrigated lands (Jirayat lands) minus the amount of compensation already awarded & paid by the SPLO, is just and proper for the applicant for his acquired lands.
[15] Moreover, as per the provision of Sec.23(2) of the Land Acquisition Act, the applicant is entitled to 30% Solatium which is already paid by the opponents to the applicant on the awarded amount. Therefore, the applicant is entitled to Solatium charges on the actual market price of the acquired lands at the rate of 30%. It is also noted that Sec.23 is amended and hence, as per Sec.23(1-A), the amount shall be calculated at the rate of 12% p.a. on the market value for the period commencing from the date of publication notification u/s.4(1) of the Act. Hence, the applicant is entitled for an additional amount of compensation at the rate of 12% p.a. u/s. 23(2) and Sec.23(1-A). The applicant is also entitled to get additional compensation at the rate of 9% p.a. from the date of taking possession or from the date of issuing notification u/s. 4 of the Act whichever is earlier for the first year and thereafter at the rate of 15% p.a. till realization of the amount payable under Sec.28 of the Act. Hon'ble Apex Court has held in the case of Sunder Vs. Union of India (AIR 2001 SC 3516) that if such compensation" is not paid within the date of taking possession of the lands, the interest is payable on aggregate amount of compensation including Solatium. So, in view of the Judgment of Hon'ble Apex Court, the applicant is also entitled to interest on Solatium as well u/s.28 of the Act. Thus, the applicant is entitled to interest on Solatium and also entitled to get interest on the aggregate amount including solatium. Hence, I decide issues no. 1 accordingly."
6. Thus, the issue remains no more res integra and hence, no ground is made out to interfere with the impugned judgment and award of the learned Reference Court. Under the circumstances, present first appeal deserves to be dismissed and is accordingly dismissed. Consequently, CA does not survive and stands disposed of accordingly.
7. Registry is directed to return back the R & P, if any, to the concerned Court forthwith.
8. The learned Reference Court is directed to disburse the amount of compensation deposited by the State Government after deducting Court fee to the claimant after due verification and identification along with interest and after verifying their right to claim the compensation.
