CHANDULAL ATMARAM VANIAWALA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These three appeals arise out of the common judgment and award dated 30/1/1989 rendered by the Ld. District Judge, Surat, in Land Reference Case Nos. 138, 139 and 140 of 1986, whereby the Reference Court determined the amount of compensation @ Rs.500/- per sq. mtr., regarding the open land and so far as structure and construction on the acquired land is concerned, the Reference Court awarded Rs.35,000/- in Land Reference Case No. 138/1986, Rs.23,000/- in Land Reference Case No. 139/1986 and Rs.25,000/- in Land Reference Case No. 140/1986 respectively. The statutory increases as contemplated under section 23 [2] of the Land Acquisition Act [for short 'the Act'] regarding 30% solatium was granted and the interest as provided under section 28 of the Act was also granted. The Reference Court further directed that the amount already paid by the acquiring body shall be deducted.

(2.) Certain immovable properties consisting of lands and superstructures situated in the area Soni Faliya, Pani Ni Bhit, Ward No. 10 in Surat City, came to be acquired. In Land Reference Case No. 138/1986, the land along with superstructure admeasuring 26-10-87 sq. mtrs., of Nondh No. 421 and the land along with superstructure admeasuring 27-58-23 sq. mtrs., of Nondh No. 422 belonging to the claimant of said Reference Case came to be acquired. In Land Reference Case No. 139/1986, the land along with superstructure admeasuring 14-21-42 sq. mtrs., of Nondh No. 424 belonging to the claimant of said case came to be acquired and in Land Reference Case No. 140/1986, the land along with superstructure admeasuring 24-24-78 sq. mtrs., of Nondh No. 420 belonging to the claimant of said case came to be acquired.

(3.) The notification under section 4 of the Act was published on 5/6/1973 and the notification under section 6 was published on 6/5/1976. The Special Land Acquisition Officer conducted the inquiry and by his award dated 24/2/1984 under section 11 of the Act, offered the amount of compensation to the claimant @ Rs.350/- per sq. mtr. So far as superstructures were concerned, the Special Land Acquisition Officer offered Rs.18,953/- to the claimants of Land Reference Case No. 138/1986, Rs.6,473/- to the claimants of Land Reference Case No. 139/1986 and Rs.13,005/- to the claimants of Land Reference Case No. 140/1986 respectively. The claimants felt that the amount of compensation offered by the Special Land Acquisition Officer regarding their lands and superstructures thereon was quite inadequate and insufficient and, therefore, they applied for references and their references were numbered and registered as Land Reference Cases Nos. 138, 139 and 140 of 1986. The claimants claimed compensation @ Rs.1,000/- per sq. mtr.