KHANT BACHU KHIMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal by the original claimants has been filed under Sec.54 of the Land Acquisition Act, 1894 against the judgment and award dated 29-3-1985 passed by the learned 2nd Extra Asstt. Judge, Junagadh in Land Acquisition Reference Case No.49 of 1981.

(2.) The facts in short are that lands of the claimants were acquired by the State of Gujarat for Uben Irrigation Scheme in 1979 under a notification under Sec.4 of the Land Acquisition Act (hereinafter referred to as `the Act') published on 22-2-1979 Thereafter, a notification under Sec.6 was published on 23-6-1979 in the Govt. Gazette and notification under Sec.9 of the Act was also issued inviting objections from interested persons. The Land Acquisition Officer passed the award on the basis of evidence produced before him awarding compensation for the irrigated lands, non-irrigated lands and waste lands. Being aggrieved by the same, the claimants moved references under Sec.18 of the Act and the Reference Court by the impugned order not only enhanced compensation granted by the Special Land Acquisition Officer but also awarded compensation for standing trees existed in the lands of the claimants along with solatium under Sec.23(2) of the Act and interest @ 9% p.a. However, no amount was granted under Sec.23(1-A) of the Act. Being aggrieved by the said judgment and award, present appeal is preferred by the original claimants.

(3.) Heard learned counsel, Mr.Amar D.Mithani for the appellants and learned AGP,Mr.N.J.Shah for the respondent Nos.1 to 3.