OFFICE OF LAND ACQUISITION OFFICER Vs. MAKANBHAI NARSHIBHAI

JUDGEMENT

(1.) All these appeals arise out of the common award dated 31.12.2008 passed by the learned Additional Senior Civil Judge, Morbi (hereinafter referred to as the 'Reference Court') in Land Reference Case Nos.47 of 2000 to 62 of 2000 whereby, the respective respondents (original claimants) herein are awarded additional compensation at the rate of Rs.5.75 ps. per sq.mtr. for irrigated lands and Rs.4.25 ps. per sq.mtr. for non-irrigated acquired lands over and above the compensation already awarded by the Special Land Acquisition Officer, as also the interest and solatium as awarded therein.

(2.) The short facts giving rise to the present set of First Appeals are inter alia that the lands of the respondents (original claimants) were sought to be acquired by the appellants for Maliya-Canal of Narmada Scheme by issuing notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the 'Act') which was published in Government Gazette on 03.09.1992. Subsequently, the notification under Section 6 of the Act was also published on 08.09.1993 and the award was declared by the Land Acquisition Officer on 02.03.1996. Being aggrieved by the said award, the respondents (original claimants) had preferred the applications for referring the same to the Reference Court for additional compensation, as prayed for, in the applications. The said reference applications were registered as Land Reference Case Nos.47 of 2000 to 62 of 2000. The Reference Court, after considering the evidence on record, awarded the additional compensation with interest and solatium as per the common award dated 31.12.2008. Being aggrieved by the said common award, the present appellants(original opponents) have preferred the above referred First Appeals under Section 54 of the Act read with Section 96 of the Code of Civil Procedure before this Court.

(3.) It has been submitted by learned A.G.P. Ms.Manisha Narsinghani that the Reference Court had committed an error by awarding additional compensation on the basis of yield method ignoring the sale instances which were available for the relevant period when the notification under Section 4 was issued. Of course, she has conceded that in all the appeals, the additional amount of compensation awarded is below Rs.25,000/-.