SPL LAQ OFFICER Vs. NOORJAHA AMIRALI SAIYAD

JUDGEMENT

(1.) With the consent of the learned advocates appearing for both the sides, main appeal itself with the cross objection as well as civil application are taken up for final hearing.

(2.) Short facts of the case appear to be are that for the acquisition of the land at Village: Thasara for establishing Narmada Canal Residential Colony, Notification under Section 4 of the Land Acquisition Act (herein after referred to as 'the Act') was published on 27.10.1989. The Notification under Section 6 of the Act was published on 10.8.1990. The Land Acquisition Officer after hearing the claimant passed the award dated 25.1.1991 under Section 11 of the Act; whereby, he granted compensation at Rs.650 per Are. The claimants were not satisfied with the compensation awarded and therefore they raised the dispute which ultimately came to be referred to the Reference Court for adjudication. The land owner / original claimant prayed for compensation at Rs.15,000/- per Are of the land and Rs.12,000/- per mango trees, Rs.5,000/- per ucaliptus tree, Rs.500/- per Ambali tree and Rs.500/- for Almond Tree total Rs.18000/- per Are. The Reference Court ultimately passed the judgment and award dated 3rd December, 1997; whereby, it awarded compensation and assessed the market value of the land at Rs.1,920/- per Are and the compensation already paid was to be given set off. The Reference Court also awarded solatium but without interest. The Reference Court also awarded 12% rise increase under Section 23(1A) of the Act but without interest. Additionally, the Reference Court awarded interest @ 9% and 15% p.a. as per the statutory provision from the date of taking over of the possession until the actual payment is realized. It is under these circumstances that the present appeal before this Court has been preferred by the Special Land Acquisition Officer Acquiring Body being First Appeal No.3436 of 1998.

(3.) We may also record that the original claimant has preferred the Cross Objection being No.33 of 2001 claiming the additional compensation of Rs.1,000/- more per Are in comparison to the compensation awarded by the reference Court. To say in other words, the compensation prayed by the original claimant in the Cross objection is on the basis of the market value of the land at Rs.2,920/- per Are.