JUDGMENT : M.R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned reference Court-learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference No. 522 of 2009 (Old LAR No. 1363 of 2001, by which the learned reference court has partly allowed the said reference and has determined the market price and compensation for the land acquired of Village Dhamasana, Taluka : Kalol, District Gandhinagar at the rate of Rs. 264.60 ps. per sq. mtr. and after deducting Rs. 24/- per sq. mtr., as awarded by the learned Special Land Acquisition Officer, has awarded additional compensation at the rate of Rs. 240.60 ps. per sq. mtr. with all statutory benefits which may be available under the Land Acquisition Act (hereinafter referred to as "the Act" for convenience), original opponent No. 2-acquiring body-ONGC has preferred the present First Appeal. 2. Feeling aggrieved and dissatisfied with the aforesaid judgment and award passed by the learned reference Court, original claimants have also preferred Cross Objections requesting to enhance the amount of compensation. 3. That the land in question of village Dhamasana, Taluka Kalol, District Gandhinagar came to be acquired under the provisions of the Act for the public purpose-ONGC. That Notification under section 4 of the act came to be published on 6/9/2000 and Notification under section 6 of the Act came to be published on 14/3/2001. That the Special Land Acquisition Officer has awarded compensation at the rate of Rs. 24/- per sq. mtr. The original claimants were not satisfied with the amount of compensation awarded by the learned Special Land Acquisition Officer and at the instance of the original claimants, reference under section 18 of the act was made to the District Court, which was initially numbered as LAR No. 1363 of 2011 which was subsequently re-numbered as LAR No. 522 of 2009. The original claimants prayed compensation at the rate of Rs. 500/- per month. That before the learned reference court, the original claimants relied upon previous judgment and award passed by the learned reference court in LAR No. 782 to 794 of 1994 with respect to land acquired of village Kalol, wherein Notification under section 4 of the Act was published on 30/6/1989 and compensation was awarded at the rate of Rs. 180/- per sq. mtr. 180/- per sq. mtr. It was the case on behalf of the original claimants that the village Dhamasana and village Kalol are adjoining villages. 3.1. Relying upon the previous judgment and award passed by the learned reference Court in LAR No. 782 to 794 of 1994 (Ex. 19) with respect to the lands acquired of village Kalol and considering the fact that Village Kalol was a Taluka place, after deducting 30% and thereafter considering time gap of 11 years between two notifications under section 4 of the Act, further giving 10% increase per annum, by the impugned judgment and award the learned reference court has determined compensation/marked price for the land acquired of village Dhamasana at the rate of Rs. 264.60 ps. per sq. mtr. and after deducting Rs. 24/- per sq. mtr., as awarded by the learned Special Land Acquisition Officer, the learned reference court awarded additional compensation at the rate of Rs. 240.60 ps. per sq. mtr. with all statutory benefits which may be available under the Land Acquisition Act. 4. Feeling aggrieved and dissatisfied with the judgment and award passed by the learned reference Court, both, acquiring body-ONGC as well as the original claimants have preferred present First Appeal as well as Cross Objections therein. 5. Mr. R.R. Marshall, learned counsel appearing on behalf of the acquiring body-ONGC has heavily relied upon judgment and order passed by the Division Bench of this Court in First Appeal No. 3157 of 2010 and other allied First Appeals, by which, with respect to lands acquired of very village Dhamasana and for which notification under Section 4 of the Act was issued on 6/9/2000, the Division Bench has determined the compensation at the rate of Rs. 213 per sq. mtr. It is submitted that there is difference of one year between the Notification under Section 4 of the Act issued in the present case as well as in aforesaid First Appeal arising out of LAR Nos. 232 of 2005 to 235 of 2005. It is submitted that therefore, considering time gap of one year if 10% is deducted per year, the original claimants shall be entitled to compensation at the rate of Rs. 192/- per sq. mtr. It is submitted that the Special Land Acquisition Officer has awarded Rs. 20/- per sq. mtr. and therefore, the original claimants shall be entitled to additional compensation at the rate of Rs. 192/- per sq. mtr. It is submitted that the Special Land Acquisition Officer has awarded Rs. 20/- per sq. mtr. and therefore, the original claimants shall be entitled to additional compensation at the rate of Rs. 172/- per sq. mtr. 5.1. Mr. R.R. Marshall, learned counsel appearing on behalf of the acquiring body-ONGC has also requested to clarify that the original claimants shall be entitled to interest under Section 28A of the Act from the date of taking possession and as per Section 16 of the Act. Making above submissions, it is requested to allow the First Appeal. 6. Mr. Shital Patel, learned advocate has appeared for Mr. A.J. Patel, learned advocate for the original claimants. He is not in a position to dispute and is not disputing that for the land of very village Dhamasana and for which notification under Section 4 of the Act was issued on 06.09.2000, the Division Bench vide its judgment and order passed in First Appeal No. 3157 of 2010 and other allied First Appeals, has determined and awarded the compensation at the rate of Rs. 213/- per sq. mtr. 7. Heard the learned advocates appearing on behalf of the respective parties at length. 7.1. At the outset, it is required to be noted that by impugned judgment and award, the learned reference court has awarded additional compensation at the rate of Rs. 240.60 ps. per sq. mtr. That land in question acquired is of village Dhamasana, Taluka Kalol, District Gandhinagar. The notification under Section 4 of the Act, in the present case, was issued on 03.06.2000. That by common judgment and order dated 27/7/2015 passed in First Appeal Nos. 3157 of 2010 and other allied First Appeals and with respect to land acquired of very village Dhamasana and for which notification under Section 4 of the Act was issued on 6/9/2000 by detailed judgment and order the Division Bench has determined the compensation at the rate of Rs. 213/- per sq. mtr. and the same is followed by the Division Bench in First Appeal No. 931 of 2014 and other First Appeals with respect to the land of very village Dhamasana. It cannot be disputed and it is not disputed that judgment and award passed in other cases, more particularly, the lands acquired of the very village and/or nearby village or adjacent village can be basis for awarding/determining the compensation. It cannot be disputed and it is not disputed that judgment and award passed in other cases, more particularly, the lands acquired of the very village and/or nearby village or adjacent village can be basis for awarding/determining the compensation. Under the circumstances with respect to the other lands acquired of very village Dhamasana for which notification under section 4 was issued on the very day i.e. 6/9/2000 when the Division Bench has determined compensation at the rate of Rs. 213 per sq. mtr., applying the same, in the present case also, market price/compensation can be determined at the rate of Rs. 213/- per sq. mtr. To the aforesaid extent, the impugned judgment and award passed by the learned reference court is required to be modified and the present First Appeal is required to be partly allowed to the aforesaid extent. 8. In view of the above and for the reasons stated above, present First Appeal succeeds in part. The impugned judgment and award passed by the learned Reference Court-learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference No. 522 of 2009 (Old LAR No. 1363 of 2001), is hereby modified and it is held that the original claimants shall be entitled to additional compensation at the rate of Rs. 189/- per sq. mtr. of the land in question acquired of village Dhamasana, Taluka Kalol, District Gandhinagar, with all other statutory benefits which may be available under the Act. However, it is clarified that the original claimants shall be entitled to interest under Section 28A of the Act from the date of taking possession under Section 16 of the Act. Present First Appeal is partly allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the Cross Objections preferred by the original claimants deserves to be dismissed and are accordingly dismissed. No costs.