KAILASHBEN WD/O DOLATSINH GAMBHIRSINH Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The challenge in this appeal is to the impugned judgment and order dated 26.10.2007 rendered by learned Additional District Judge, Bharuch in Land Acquisition Reference No.1269 of 1988, whereby the Reference Court awarded additional amount of compensation at the rate of Rs.694 per R.A. The Reference Court also awarded statutory additions namely the interest at the rate of 12% per annum as contemplated under Section 23(1-A) of the Land Acquisition Act (for short "the Act") and solecism at 30% as provided under Section 23(2) of the Act. The Reference Court awarded interest as provided under Section 28 of the Act. The appellants original claimants felt that the amount awarded to them by way of compensation by the Reference Court was inadequate and insufficient and, therefore, the original claimants preferred this appeal for enhancement of the amount of compensation.

(2.) Certain agricultural lands belonging to the claimants situated in the outskirt of Taluka : Valia, District : Bharuch proposed to be acquired by the then Gujarat Electricity Board for construction of Sub Station etc. The Notification under Section 4 of the Act was published on 10.09.1987 and the Notification under Section 6 was published on 25.02.1988. The Special Land Acquisition Officer declared his award under Section 11 of the Act on 20.08.1988 and offered compensation at the rate of Rs.200 per R.A. (Rs.2 per sq.mtr.). The claimants felt that the amount offered to them by way of compensation was very less and meager and, therefore, applied for the Reference and the Reference was numbered and registered as Land Acquisition Reference No.1269 of 1988 wherein additionally, they claimed Rs.562.50 paise per R.A., but by way of amendment in the Reference Case, they claimed Rs.500 per sq.mtr.

(3.) Before the Reference Court, the evidence of one of the claimants namely Harendrasinh Dolatsinh was recorded at Ex.28, the claimants examined witness Lalsing @ Bhikhubhai Parbhatsing at Ex.38 as well as Talati-Cum-Secretary Mahendrasinh Chandrasinh Kosala at Ex.44. No more witnesses examined by the claimants. On behalf of the opponents, no witness came to be examined. Before the Reference Court, the claimants produced necessary documentary evidence like extract of revenue record pertaining to their land as well as map, so also the copy of previous award at Ex.14 rendered in Land Acquisition Reference Cases No.1057 to 1067 of 2002 dated 20.08.2004. The Reference Court mainly relied upon the earlier award at Ex.14 wherein the Reference Court in connection with the acquisition of the lands situated in the outskirt of Village : Valia itself determined compensation at the rate of Rs.1820 per R.A. The Reference Court in the impugned judgment and award and more particularly in paragraph No.37 observed that in the previous award, the Notification under Section 4 of the Act was published on 26.07.1990 whereas in the instant case, the Notification under Section 4 of the Act was published on 10.09.1987 meaning thereby that the Notification, in the instant case, was published prior to about 2 years, 10 months and 16 days from the date of publication of Notification under Section 4 of the Act in the previous award. The Reference Court, therefore, observed that 10% amount per annum was required to be deducted covering the period of 2 years and 10 months and observed that 34.5% was required to be deducted from the price of Rs.1820 per R.A. The Reference Court, therefore, came to the conclusion that the claimants can be said to be entitled to claim Rs.1192 per R.A. However, the Reference Court further observed in the said paragraph No.37 that the land which came to be acquired in connection with the previous award at Ex.14 was irrigated land whereas in the instant case, the land which came to be acquired belonging to the claimants was non-irrigated land and, therefore, the Reference Court observed that 25% amount shall have to be deducted from Rs.1192 per R.A and accordingly, the Reference Court fixed the market value of the acquired land at the rate of Rs.894 per R.A. Since Rs.200 per R.A was already offered by way of compensation by the Special Land Acquisition Officer to the claimants and, therefore, the additional amount of compensation awarded by the Reference Court to the claimants was Rs.694 per R.A. This has given rise to this appeal filed by the original claimants for enhancement of the amount of compensation.