KAKABA KALABUDH CHARITABLE TRUST Vs. CHHAGANBHAI VANMALI

JUDGEMENT

(1.) The challenge in this appeal is to the impugned judgment and award dated 17.10.2000 rendered by the learned Civil Judge (S.D.), Bharuch in Land Reference Case No.308 of 1987 whereby the Reference Court awarded additional amount by way of compensation to the original claimants at the rate of Rs.1500 per R.A. The original opponent No.3 Kaka-baa Kalabudh Charitable Trust as well as the original opponent No.4 Administrator, Kaka-baa Kalabudh Charitable Trust (the Acquiring Body) felt that the Reference Court committed error in awarding additional amount of compensation to the original claimants and, therefore, preferred this appeal.

(2.) Certain agricultural lands belonging to the respondent Nos.1 and 2 (original claimants) situated in the outskirt of Village : Utraj, Taluka : Hansot, District : Bharuch proposed to be acquired for expansion of building of the appellants original opponent Nos.3 and 4, Kaka-baa Kalabudh Charitable Trust Hospital. The Notification under Section 4 of the Land Acquisition Act (for short "the Act") came to be published on 15.01.1985 and the Notification under Section 6 of the Act came to be published on 12.06.1986. The Special Land Acquisition Officer conducted inquiry to determine just and fair amount of compensation and by award dated 30.12.1986, the Special Land Acquisition Officer offered compensation at the rate of Rs.190 per R.A. The original claimants felt that the amount offered to them by way of compensation was quite inadequate and meager and, therefore, they applied for reference and their reference was numbered and registered as Land Reference Case No.308 of 1987 and they claimed compensation at the rate of Rs.2471 per R.A.

(3.) Before the Reference Court, the original claimant No.1 Chhaganbhai Vanmali came to be examined at Ex.19, the claimants examined 4 more witnesses namely Thakorbhai Govindbhai Rami at Ex.45, Prakashbhai Durlabhbhai at Ex.47, Khushalbhai Lalabhai at Ex.54 and Gautambhai Madhavbhai at Ex.76. The claimants produced necessary documentary evidence like deed of Power of Attorney, Map of the land, Extract of revenue record, Certificate of Gram Panchayat, Hansot, etc. After evaluating oral as well as documentary evidence on record, the Reference Court took into consideration the fact that the land acquired was agricultural land which was used for cultivation and further took into consideration the panchnama of the land as well as in paragraph No.16 of the impugned judgment and award, the Reference Court observed that Block No.33 admeasuring 7 Acres and 10 Gunthas was sold in the year 1981 for consideration of Rs.61,837 and land of Ganesh Organizer Industry was acquired by the Government admeasuring 3885 sq.mtr at the rate of Rs.47,752 i.e. approximately Rs.3000 per R.A. The Reference Court, therefore, came to the conclusion that the claimants were entitled to recover additional amount of compensation at the rate of Rs.1500 per R.A.