JUDGMENT : DIVYESH A. JOSHI, J. 1. The first appeal and cross objection emanate from the judgment and award dated 24.10.2019 passed by the learned 5th Additional Senior Civil Judge, Mehsana in LAR Case Nos.871 of 2011 to 875 of 2011, 877 of 2011 to 882 of 2011 and 884 of 2011 to 888 of 2011. 2. Being aggrieved and dissatisfied with the judgment and award passed by the 5th Additional Senior Civil Judge, Mehsana, the present first appeal has been filed by the Acquiring Body, whereas the Cross Objection has been filed by the original claimants. 3. The factual matrix of the case of the original claimants are as under; 3.1 The appellant-State Acquiring Body acquired the lands of Village Gilosan, Taluka Mehsana, District Mehsana for the purpose of constructing Mehsana bypass road, and for that purpose, notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) was issued on 7.3.2008. Thereafter, on 23.10.2008, notification under Section 6 of the Act was published. 3.2 On 6.3.2010. the Special Land Acquisition Officer awarded Rs.20/- per sq. mtr. as compensation of the acquired lands. As the amount determined by the Special Land Acquisition Officer is not upto the mark and far below from the actual market value of the lands, the claimants have raised objections to the same and challenged it by way of filing applications, which ultimately culminated into reference cases. 3.3 Thereafter, the Reference Court has commenced the proceedings, and at the end of the day, after completion of leading of evidence by the rival parties, the learned Judge has considered all the documents and materials available on record and after appreciating the same, awarded additional compensation of Rs.2178.57 per sq. mtr. which after deducting the compensation of Rs.20/- per sq. mtr. already awarded by the Special Land Acquisition Officer, comes to Rs.2158.57 (rounded off Rs.2159/- per sq. mtr.) along with statutory interest and solatium, whereas the claimants have demanded Rs.10,000/- per sq. mtr. 3.4 Being aggrieved and dissatisfied with the aforesaid judgment and award, both the parties are here before this Court. The appellant-Acquiring Body has filed the captioned first appeal, whereas the original claimants have filed the cross-objections. 4. Learned AGP Mr. mtr.) along with statutory interest and solatium, whereas the claimants have demanded Rs.10,000/- per sq. mtr. 3.4 Being aggrieved and dissatisfied with the aforesaid judgment and award, both the parties are here before this Court. The appellant-Acquiring Body has filed the captioned first appeal, whereas the original claimants have filed the cross-objections. 4. Learned AGP Mr. Jadeja appearing for the appellant-State Acquiring Body has vociferously submitted that the impugned judgment and award is required to be quashed and set aside as the same is passed upon incorrect appreciation of the evidence. It is submitted that in the present case, the reference court has relied upon the judgment of village Panchot delivered in LAR Nos.1620 of 2011 to 1713 of 2011 produced at Exh.62 which is adjacent to the present village Gilosan and, on the basis of the same, has awarded the compensation of Rs.2178.75 – Rs.20/-= Rs.2159/- per sq. mtr. He has further submitted that, however, in the present case notification under Secdtion 4 was issued on 7.3.2008, whereas in the case of village Panchot, upon which reliance has been placed by the Reference Court, notification under Section 4 was issued on 11.2.2009 which indicates that there is a gap of eleven months between aforesaid two notification and, therefore, 10% deduction is required to be made in the present case. Learned AGP Mr. Jadeja has further submitted that the Reference Court instead of placing reliance on the important documents produced by the Acquiring Body, has given undue weightage to the non-important documents and materials while passing the impugned order. Not only that, the Reference Court has conveniently discarded the important evidence placed by the Acquiring Body. Hence, the impugned order is required to be quashed and set aside. It is submitted that the Reference Court has not properly appreciated the fact that the Land Acquisition Officer, on the basis of the sale-deeds executed in the vicinity of the concerned land, has precisely determined the compensation at the rate of Rs.20/- per sq. mtr. and, therefore, the same would not require to be disturbed. It is, thus, submitted that the reference court has grossly erred in not appreciating the very crucial aspect and has passed the impugned judgment and award by enhancing the compensation. Thus, it is submitted that the same may be set aside. 5. mtr. and, therefore, the same would not require to be disturbed. It is, thus, submitted that the reference court has grossly erred in not appreciating the very crucial aspect and has passed the impugned judgment and award by enhancing the compensation. Thus, it is submitted that the same may be set aside. 5. Per contra, learned advocate Mr.Prajapati appearing for the claimants has placed reliance on the judgment dated 05.04.2023 passed by this Court in group of First Appeal Nos.4406 of 2018 and allied matters, wherein the very same acquiring body for the lands acquired of Village Panchot had challenged the concerned judgment and award passed in references before this Court and this Court was pleased to dismiss such first appeals and cross-objections of the claimants. Learned advocate Mr. Prajapati has submitted that it is clearly observed by the Reference Court in the operative part of the order that on the strength of the documents available on record, it is found out that village Gilosan is situated within the territory of 3 km. of the Mehsana Nagar Palika. Therefore, village Gilosan is adjacent to the boundary of village Mehsana Nagar Palika. 6. Learned advocate Mr.Prajapati has further submitted that for the agricultural lands, the Reference Court, in the judgment of village: Panchot in Land Acquisition Reference Case Nos.1620 of 2011 to 1713 of 2011, awarded an amount of Rs.2707/- per sq. mtr. It is submitted that the learned court below has committed an error in appreciating the fact that the present village: Gilosan is very adjacent to village: Panchot and, therefore, instead of awarding compensation of Rs.2178.57/- per sq. mtr., the amount as awarded in the case of village: Panchot, i.e,. Rs.2707/- per sq. mtr. ought to have been awarded by the learned Judge in the case of village: Gilosan also. It is further submitted that the learned court below ought to have considered the fact that the land of village:Gilosan is also acquired for the very same purpose for which the lands of Village: Panchot is acquired. It is also submitted that the Acquiring Body is also the same and, therefore, there was no reason for the court below to grant lesser compensation in the case of Village: Gilosan than what has been granted in the case of Village: Panchot. Therefore, considering the aforesaid factual aspects of the matter, the compensation is required to be enhanced. It is also submitted that the Acquiring Body is also the same and, therefore, there was no reason for the court below to grant lesser compensation in the case of Village: Gilosan than what has been granted in the case of Village: Panchot. Therefore, considering the aforesaid factual aspects of the matter, the compensation is required to be enhanced. Thus it is submitted that the first appeal may be rejected, whereas the cross objection may be allowed 7. It is not in dispute that by the judgment dated 05.04.2023 passed in First Appeal Nos.4406 of 2018 and allied matters, which were filed by the very same acquiring body for the lands acquired of Village Panchot for the very same purpose of constructing Mehsana bypass road, this Court, after examining the similar evidence, has held thus:- “7. We have perused Exh.164, District Valuation Committee Report, which is of 8.10.2004. It reveals that for the VillageNagalpur, District Valuation Committee has determined the price of the land at Rs.3,000/- per sq.mtr. A perusal of Exh.149, which pertains to Sale Deed dated 30.10.2007 of Village Nagalpur for Rs.2,06,40,000/- for 6880 sq.mtrs. of land, the Reference Court has determined the amount of compensation at Rs.3,000/- per sq.mtr. by taking the average. A perusal of map at Exh.157, indicates that Village- Nagalpur is adjoining to Village-Panchot. The bypass highway for which the land is acquired passes through Village-Panchot. The distance between Nagalpur and Village Panchot is approximately 8 to 9 kilometers. However, it is noticed by us that Village-Nagalpur falls within the outskirts of Mehsana city. Thus, looking to the distance between Village-Nagalpur and Village-Panchot and topography of the area, we are of the considered opinion that since by-pass highway for which lands were acquired passes through Village-Panchot, whereas Village-Nagalpur is situated at the outskirts of Mehsana city, deduction of 20% by the Reference Court from the final amount of Rs.3,000/- was appropriate. On the evaluation of the aforesaid evidence, we are of the considered opinion that the Reference Court has not committed any error in determining amount of Rs.3,000/- per sq.mtr. towards land acquired at Village-Panchot. The 20% deduction from Rs.3,000/- would come to Rs.2,400/- per sq.mtr. Thereafter, further deduction of 40% is made from the aforesaid amount of Rs.2,400/- which pertains to 30% for N.A. Purpose and 10% deduction of smallness of plot, which would come to Rs.960/-. towards land acquired at Village-Panchot. The 20% deduction from Rs.3,000/- would come to Rs.2,400/- per sq.mtr. Thereafter, further deduction of 40% is made from the aforesaid amount of Rs.2,400/- which pertains to 30% for N.A. Purpose and 10% deduction of smallness of plot, which would come to Rs.960/-. Hence, amount of Rs.1440 (Rs.2400 – Rs.960) is arrived at. The District Valuation Committee Report is of 8.10.2004 and, in the present case, Section 4 Notification was issued on 11.2.2009 and as the Reference Court has considered difference of four years, four months and four days, and has considered 10% rise of market value per annum and had determined the amount of Rs.2,178.57 per sq.mtr. (Rs.1440 +144 = Rs.1584/-) and after lapse of four years period, it would come to Rs.2178.57. The Special Land Acquisition Officer has awarded Rs.91/- per sq.mtr. and hence, the amount of compensation would come to Rs.2087.57 (2178.57 – Rs.91), which if rounded off will be Rs.2088/- per sq.mtr. for the other land, which is not road touch. For the road touch land, the Reference Court has calculated and awarded Rs.2707/- per sq.mtr. i.e. Rs.2844.95 awarded by the reference Court deducting Rs.118/- awarded by Special Land Acquisition Officer, which is rounded off to Rs.2707/- per sq.mtr. 8. It is also noticed by this Court that the Reference Court has determined the amount of Rs.2707/- per sq.mtr. for road touch land on the basis of the award passed by Special Land Acquisition Officer of Rs.118/- per sq.mtr. Thus, in the considered opinion of this Court, after considering the oral as well as documentary evidence, the Reference Court has precisely concluded and awarded the amount, which do not require any interference, as we do not find any illegality or infirmity in the judgment and award. We are not convinced to alter the compensation, hence, these First Appeals as well as Cross Objections do not require any interference and the same are dismissed. Record and Proceedings be sent back to the concerned trial Court forthwith.” 8. In the present case also, for the lands acquired of Village Gilosan, for which Section 4 notification under the Act was issued on 07.03.2008, the reference court has placed reliance on the compensation awarded in LAR 1620 of 2011 to 1713 of 2011 at Exh.62 for determining the amount of compensation. In the present case also, for the lands acquired of Village Gilosan, for which Section 4 notification under the Act was issued on 07.03.2008, the reference court has placed reliance on the compensation awarded in LAR 1620 of 2011 to 1713 of 2011 at Exh.62 for determining the amount of compensation. While considering the aforesaid documentary evidence, the reference court has observed that the original claimants are entitled to get amount of Rs.2178.57/- per sq. mtr. for Jirayat land for the acquired lands and also entitled to get increase at the rate of Rs.12% per annum under the provisions contained in Section 23(1-A) of the Act. It is further observed that the claimants are also entitled to get the amount of solatium at the rate of 30% u/s. 23(2) of the Act with running interest at the rate of 9% per annum from the date of handing over the possession of the acquired land for one year and thereafter at the rate of 15% per annum till realization of the amount payable under provisions of the Act. 9. We have considered the rival submissions as well as evidence, which has been established on record. 10. The facts which are not in dispute are that for the lands acquired by the acquiring body for Mehsana Bypass of the Village-Gilosan, Notification under Section 4 of the Act was issued on 7.3.2008 and Section 6 Notification was issued on 23.10.2008. The Special Land Acquisition Officer awarded Rs.20/- per sq.mtr. vide award dated 6.3.2010. Being aggrieved and dissatisfied, the claimants filed reference proceedings claiming Rs.10,000/- per sq.mtr. for the acquired land. In support of their claim, the claimants have placed reliance on report of the District Valuation Committee below Exh.49, dated 17.1.2005, wherein and whereby District Valuation Committee fixed the value of the land at Rs.3,000/- per sq.mtr. as on 8.10.2004 for the lands acquired of Village- Nagalpur. The claimants also placed reliance on the Sale Deeds executed in the vicinity of the nearby lands. It appears that the Reference Court, while passing the impugned award, has relied upon the judgment in the case of Village: Panchot which is adjacent to Village: Gilosan. 11. as on 8.10.2004 for the lands acquired of Village- Nagalpur. The claimants also placed reliance on the Sale Deeds executed in the vicinity of the nearby lands. It appears that the Reference Court, while passing the impugned award, has relied upon the judgment in the case of Village: Panchot which is adjacent to Village: Gilosan. 11. It is not in dispute that date of issuance of Section 4 Notification for the Village: Panchot was 11.2.2009, while in the present case, notification under Section 4 of the Act for acquiring the land of Village-Gilosan was published on 7.3.2008. Thus, the Reference Court has considered subsequent Notification dated 11.2.2009 having a gap of eleven months. As per the decision of the Apex Court, in the case of Maya Devi and Others v. State of Haryana and Another reported in 2018 (2) SCC 474 , compensation awarded and determined by the Reference Court cannot be premised on a post notification instances. Thus, the Reference Court has fallen in error in determining the market value of the land, which was acquired of Village-Gilosan on subsequent allotment of the land of Village: Panchot. The lands of Village- Panchot were acquired by the very same acquiring body for the very same purpose. Notification under Section 4 of the Act was issued on 11.2.2009 for the lands of Village-Panchot. However, in the present case, the Notification under Section 4 was issued on 7.3.3008. This Court while considering the land reference cases of village Panchot in First Appeal Nos. 4406/18 and Cross-Objections of claimants has observed thus:- “7. We have perused Exh.164, District Valuation Committee Report, which is of 8.10.2004. It reveals that for the Village-Nagalpur, District Valuation Committee has determined the price of the land at Rs.3,000/- per sq.mtr. A perusal of Exh.149, which pertains to Sale Deed dated 30.10.2007 of Village-Nagalpur for Rs.2,06,40,000/- for 6880 sq.mtrs. of land, the Reference Court has determined the amount of compensation at Rs.3,000/- per sq.mtr. by taking the average. A perusal of map at Exh.157, indicates that Village-Nagalpur is adjoining to Village-Panchot. The by-pass highway for which the land is acquired passes through Village-Panchot. The distance between Nagalpur and Village Panchot is approximately 8 to 9 kilometers. However, it is noticed by us that Village- Nagalpur falls within the outskirts of Mehsana city. by taking the average. A perusal of map at Exh.157, indicates that Village-Nagalpur is adjoining to Village-Panchot. The by-pass highway for which the land is acquired passes through Village-Panchot. The distance between Nagalpur and Village Panchot is approximately 8 to 9 kilometers. However, it is noticed by us that Village- Nagalpur falls within the outskirts of Mehsana city. Thus, looking to the distance between Village-Nagalpur and Village-Panchot and topography of the area, we are of the considered opinion that since by-pass highway for which lands were acquired passes through Village-Panchot, whereas Village-Nagalpur is situated at the outskirts of Mehsana city, deduction of 20% by the Reference Court from the final amount of Rs.3,000/- was appropriate. On the evaluation of the aforesaid evidence, we are of the considered opinion that the Reference Court has not committed any error in determining amount of Rs.3,000/- per sq.mtr. towards land acquired at Village-Panchot. The 20% deduction from Rs.3,000/- would come to Rs.2,400/- per sq.mtr. Thereafter, further deduction of 40% is made from the aforesaid amount of Rs.2,400/- which pertains to 30% for N.A.Purpose and 10% deduction of smallness of plot, which would come to Rs.960/-. Hence, amount of Rs.1440 (Rs.2400 – Rs.960) is arrived at. The District Valuation Committee Report is of 8.10.2004 and, in the present case, Section 4 Notification was issued on 11.2.2009 and as the Reference Court has considered difference of four years, four months and four days, and has considered 10% rise of market value per annum and had determined the amount of Rs.2,178.57 per sq.mtr. (Rs.1440 + 144 = Rs.1584/-) and after lapse of four years period, it would come to Rs.2178.57. The Special Land Acquisition Officer has awarded Rs.91/- per sq.mtr. and hence, the amount of compensation would come to Rs.2087.57 (2178.57 – Rs.91), which if rounded off will be Rs.2088/- per sq.mtr. for the other land, which is not road touch. For the road touch land, the Reference Court has calculated and awarded Rs.2707/- per sq.mtr. i.e. Rs.2844.95 awarded by the reference Court deducting Rs.118/- awarded by Special Land Acquisition Officer, which is rounded off to Rs.2707/- per sq.mtr.” 12. In view of the aforesaid discussion, we are of the considered opinion that the learned court below has committed a grave error in determining the amount of compensation solely placing reliance upon the judgment in the case of Village: Panchot which is adjacent to Village: Gilosan. In view of the aforesaid discussion, we are of the considered opinion that the learned court below has committed a grave error in determining the amount of compensation solely placing reliance upon the judgment in the case of Village: Panchot which is adjacent to Village: Gilosan. We are saying so, because in the present case Notification under Section 4 of the Act was issued on 7.3.2008, whereas in the case Village: Panchot, Notification under Section 4 was issued on 11.2.2009 and it is a well settled principles of law , as referred to herein above, that while determining the amount of compensation, the court cannot rely upon the subsequent notification issued for the different village. However, we are of view that considering the development of village Panchot, which is more developed than village Gilosan, 10% is required to be deducted in the present case. The court below has awarded Rs.2178.57/- per sq. mtr., which after deducting 10%, comes to Rs.1961/- per sq. mtr. (2178.57-Rs.217.8= Rs.1961/-). The Special Land Acquisition Officer has awarded Rs.20/- per sq. mtr. Therefore, after deducting Rs.20/- per sq. mtr already awarded by the Special Land Acquisition Officer, the total amount would come to Rs.1941/- (Rs.1961-Rs.20/-=Rs.1941/-). Hence, the claimants are entitled to get compensation at the rate of Rs.1941/- per sq. mtr. for the land of Village: Gilosan. 13. Thus, the first appeal filed by the Acquiring Body is hereby allowed to the aforesaid extent and the cross objections filed by the claimants are hereby dismissed. The claimants are entitled to get compensation of Rs.1941/- per sq. mtr. along with the statutory interest as awarded by the reference court. The same shall be deposited before the reference court within a period of three months and shall be disbursed after due and proper verification. Record and proceedings be sent back to the concerned reference court. 14. As a sequel, civil application does not survive and is disposed of accordingly.