VIKRAMSINH PRATAPSINH GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals arise against the common judgment and the award passed by the Reference Court dated 06.09.2002 whereby the Reference Court has awarded additional compensation at Rs.50 per square metre plus statutory benefit under sections 23(1A), 23 (2) and 28 of the Land Acquisition Act, 1894 (the Act for short) and has also additionally directed deduction of 5% towards new tenure land.

(2.) THE relevant facts are that for the Project of Narmada Yojna Residential Houses, the lands at Halol were to be acquired under the the Act. THE notification under section 4 of the Act was published on 21.12.1989 and the notification under 6 of the Act was published on 24.05.1990. THE award was passed thereafter by the Special Land Acquisition Officer under section 11 of the Act whereby he awarded compensation at Rs.6.50 per square metre, Rs.7 per square metre and Rs.8 per square metre for different parcels of lands. As the claimants were not satisfied with the compensation they raised dispute under section 18 of the Act and demanded Rs.100 per square metre as compensation. Such disputes were referred to the Reference Court for adjudication being Land Reference Case Nos.250/93 and 256/93. THE Reference Court at the conclusion passed the aforesaid judgment and award. Under the circumstances the present appeals before this Court.

(3.) MR.Raval appearing for the appellants contended that it is by now well settled that appreciation at the rate of 10% p.a. deserves to be considered if there is a time gap in the notification under section 4 of the Act and the earlier decision of the Reference Court for awarding of the compensation. He submitted that if the appreciation is considered at the rate of 10% p.a., the Reference Court has committed error in awarding additional compensation of Rs.50/- only.