STATE OF GUJARAT AND ANR Vs. RANCHHOD HIRABHAI

JUDGEMENT

(1.) AS common question of law and facts arise in this group of Civil Revision Applications, they are being disposed of by this common judgement and order.

(2.) ALL these Civil Revision Applications under Section 115 of the Code of Code of Civil Procedure have been preferred by the petitioners - original opponents - State of Gujarat and another against the order dtd.23/4/2003 passed by the learned executing court i.e. learned Civil Jude (SD), Amreli in Special Execution Application Nos. 111/2001 to 124/2001 and 28/2001 to 44/2001, directing the State Government to pay to the original claimants interest on the total amount of compensation which includes solatium at the rate of 30% and the market price and price rise at the rate of 12%.

(3.) BEING aggrieved by and dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, respondents herein - original claimants made a Reference before the Reference Court being Land Reference Cases Nos. 65 to 75 of 1991 and other Land References, and the learned Reference Court partly allowed all the References awarding compensation considering the market value of the lands at Rs. 850 Are for irrigated land and Rs. 650 per Acre for non -irrigated land. The learned Reference Court also directed that for the new tenure land, 5% should be deducted from the awarded amount and to be credited to the Government as per law. That the learned Reference Court also ordered that the petitioners herein - original opponents shall also pay to the claimants interest at the rate of 9% from the date of taking possession or from the date of award of the Dy.Collector, whichever is earlier, for the first time and thereafter at the rate of 15% per annum till realisation. The Reference Court also ordered the petitioners - original opponents - State of Gujarat and another to pay additional amount of compensation at the rate of 12% according to the provisions of Section 23(1)(A) of the Land Acquisition Act and also further directed the petitioners - original opponents - State of Gujarat and another to pay the amount of solatium at the rate of 30% on the additional amount of compensation under Section 23(2) of the Land Acquisition Act.