NADIRSHA SHAPURJI PATEL Vs. DEPUTY COLLECTOR AND LA

JUDGEMENT

(1.) By this common judgment and order we propose to dispose of all the aforesaid appeals which are connected and interrelated, as would be indicated from the facts delineated hereinafter.

(2.) By issuing a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 21.02.1986, land connected with the present appeals, situated at Village Mora, Taluka Choriyasi, District Surat in the State of Gujarat, was proposed to be acquired for a public purpose, viz., setting up a Gas Based Thermal Power Project belonging to National Thermal Power Corporation (for short NTPC). Subsequent to the aforesaid notification, a declaration under Section 6 of the Act was also issued by the State Government, by issuing a notification dated 29.04.1986 in respect of the said land. Possession of the said land was also taken over on 18.06.1986 and an award was passed by the Land Acquisition Officer, determining market value of the land and awarding compensation at Rs. 3.50 per square meter for the acquired land.

(3.) Aggrieved by the compensation awarded by the Land Acquisition Officer, the appellants-claimants filed applications under Section 18 of the Act seeking reference to the Court. Consequent to the said prayer, reference was made to the District Court. The Reference Court allowed the parties to present their evidence and on conclusion of the trial, passed a judgment and order dated 25.07.1997 enhancing the market value of the land and determining the compensation at Rs. 20 per square meter for the acquired land. It is also to be noted at this stage that the Reference Court further awarded interest at the rate of 9 per cent per annum for the first year of taking over the possession of the land in the year 1986, and at 15 per cent thereafter. The Reference Court also passed an order expressly recording that the interest should not be calculated on solatium.