SPECIAL LAND ACQUISITION OFFICER Vs. KODARBHAI JENABHAI

JUDGEMENT

(1.) The State, being aggrieved by an award made by the Reference Court on 27th January, 1998 awarding compensation to the claimants at the rate of Rs. 1800/per Are with other statutory benefits, has preferred these appeals under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') read with Sec. 96 of the Civil Procedure Code, 1908.

(2.) The facts, in brief, for the purpose of disposal of these appeals are as under:

(3.) There is no dispute that the Special Land Acquisition Officer followed the procedure contained under the Act for acquiring the lands and, therefore, procedural aspect is not required to be discussed. Suffice it to say that the Special Land Acquisition Officer determined the market price at the rate of Rs. 1.50ps. per sq.mtr. while the claimants claimed Rs. 10,000/ - per Are and also sought other benefits. The Reference Court on appreciation of evidence held that the claimants are entitled to get the market price at the rate of Rs. 1800/ - (Rupees One thousand eight hundred only) per Are and other statutory benefits.