SPL LAQ OFFICER Vs. AMRUTBHAI KANTIBHAI

JUDGEMENT

(1.) BOTH these appeals arise out of the common judgment and award rendered by the Ld. Extra Assistant Judge, Mehsana on 29/12/2001 in Land Acquisition Reference Case Nos. 1198/1998 to 1204/1998. The Reference Court partly allowed the reference cases and held that the claimants were entitled to recover additional compensation at the rate of Rs.50/- per sq. mtr., over and above the amount of compensation already awarded by the Special Land Acquisition Officer. The Reference Court further held that the claimants were entitled to additional amount of compensation at the rate of 12% on additional amount of compensation awarded to the claimants, under sec. 23[1-A] of the Land Acquisition Act [for short 'the Act'] and the Reference Court awarded the amount of solatium at the rate of 30% on the additional amount of compensation under section 23[2] of the Act. The interest as provided under section 28 of the Act was also granted.

(2.) BEING aggrieved and dissatisfied with the impugned judgment and order rendered by the Reference Court, the Special Land Acquisition Officer preferred these appeals.

(3.) I have perused the record and proceedings in context with the reasonings assigned and findings arrived at by the Reference Court in the impugned judgment and award. The notification under section 4 of the Act came to be published on 16/9/1996 and the Special Land Acquisition Officer delivered the award under section 11 of the Act on 27/4/1998. The Special Land Acquisition Officer determined the compensation at Rs.3/- per sq. mtr., for irrigated land and Rs.4-50 ps. Per sq. mtr., for non-irrigated land. The claimants felt that the amount awarded to them was very meager and small amount and, therefore, preferred the land references. It further transpires that the claimants themselves came to be examined and they examined witnesses before the Reference Court in context with the comparable awards produced by them from exhs. 13 to 19. The Reference Court, in para. 18 in the impugned judgment and award, elaborately discussed the oral evidence together with comparable awards passed earlier to ascertain the correct market value of the land under acquisition. Out of the certified copies of the earlier awards produced before the Reference Court, the Reference Court thought it proper to consider the earlier award exh. 19, whereunder market value was determined at the rate of Rs.30/- per sq. mtr. According to the Reference Court, the earlier award exh. 19 was pertaining to the land of village Adudara and the lands acquired of the claimants were also situated in the outskirts of said village. In the earlier award exh. 19, the notification under section 4 of the Act was published on 23/9/1984; whereas in the instant case, the notification under section 4 of the Act was published on 16/9/1996. The Reference Court, therefore, held that there was a gap of 11 years and relying upon the case of Special Land Acquisition Officer, Bharuch v/s. Motibhai Mohanlal reported in 1997 [1] G.L.H. 773, the Reference Court came to the conclusion that the claimants were entitled to get addition of the amount at the rate of 10% for each year. Accordingly, the Reference Court came to the conclusion that over and above Rs.30/- per sq. mtr determined in the earlier award exh. 19, the claimants were entitled to get Rs.33-10 ps more by way of price rise and accordingly Rs.63/- per sq. mtr., was considered to be the market value of the land. However, the Reference Court held that the Special Land Acquisition Officer has determined Rs.4-50 ps. Per sq. mtr., as market value and considering the facts and circumstances of the case, the claimants were entitled to recover, by way of additional amount of market value at the rate of Rs.50/- per sq. mtr. Thus, the Reference Court came to the conclusion that the proper market value of the land can be Rs.63/- per sq. mtr., yet the Reference Court fixed the market value at Rs.54-50 ps. Per sq. mtr.