GENERAL MANAGER Vs. SPEICAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals at the instance of State Government under Section 54 of the Land Acquisition Act read with Section 96 of Civil Procedure Code are against the judgment and award dated 08/12/1999 passed by the learned 5th Joint Civil Judge (S.D.), Mehsana in Land Acquisition Reference No.511 of 1999 to 512 of 1999.

(2.) THE appellant had acquired certain land on temporary basis of the original claimants under Section 35 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). After following procedure the Land Acquisition Officer vide his order awarded compensation crop compensation and has further been pleased to award rental compensation at the rate of 1.10 per sq. mtr. in LAQ Case No.23 of 1994 per year. Feeling aggrieved by the said decision, the claimants filed references before the learned 5th Joint Civil Judge (S.D.), Mehsana claiming additional rental compensation at the rate of Rs.4/- per sq. mtr. per year. THE learned 5th Joint Civil Judge, Mehsana has awarded additional compensation at the rate of Rs.1.90 per sq. mtr. per annum. It is against the said award the present appeals have been filed.

(3.) IN the premises aforesaid, these appeals are allowed. The judgment and award impugned in these appeals is quashed and set aside. No order as to costs.