KARAMSHI MAVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL these group of appeals are preferred by the respective appellants-original claimants of Land Acquisition Case Nos. 53/1983 to 56/1983 under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure challenging the impugned judgment and award passed by the learned Reference Court dated 01/02/1986 under Section 18 of the said Act by which the learned Reference Court has partly allowed the References and awarded additional amount of compensation at the rate of Rs. 30 per Are in respect of all kinds of lands over and above the amount awarded to them together with solatium at 30% on the enhanced amount of compensation awarded to them as well as interest at the rate of 9% per annum from the date of taking over possession of the land for the first year and thereafter at the rate of 15% per annum till the amounts are deposited.

(2.) IT appears that the lands of the respective appellants-original claimants came to be acquired by the respondent and the Land Acquisition Officer declaring the award under Section 11 of the Act dated 29/11/1982 awarding Rs. 110/- per Are for Bagayat land and Rs. 80/- per Are for Jirayat land. As the claimants were dissatisfied with the amount of compensation awarded by the Land Acquisition Officer they submitted Reference under Section 18 of the Act, which were sent to the learned Reference Court, which was numbered as Land Acquisition Case Nos. 53/1983 to 56/1983 with the learned Assistant Judge, Morbi and vide impugned judgment and award partly allowed the said Reference awarding Rs. 30 per Are in respect of all kinds of lands and awarding Rs. 140/- per Are for Bagayat land and Rs. 100/- for Jirayat land. However, the learned Reference Court awarded solatium at the rate of 30% only on the enhanced amount of compensation. Being aggrieved and dissatisfied with the common judgment and award passed by the learned Reference Court in Land Acquisition Case Nos. 53/1983 to 56/1983, the appellants-original claimants have preferred the present appeals claiming additional amount at the rate of 15% per Are and further praying that the appellants-original claimants are entitled to the solatium at the rate of 30% not only on the enhanced amount of compensation but on the entire amount of compensation. So far as the market price is concerned, considering the decision of the Division Bench of this Court in First Appeal Nos. 1188/1987 to 1195/1987 with respect to the same village and same project, Shri Hathi, learned advocate appearing on behalf of the respective appellants-original claimants is not in a position to assail the impugned judgment and award. Under the circumstances, so far as the market price is concerned the finding of the learned Judge in the present case is required to be accepted in view of the decision of the Division Bench dated 25/03/1998 rendered in First Appeal Nos. 118/1987 to 1195/1987 with respect to the same village and same project.

(3.) IN view of the above and for the reasons stated hereinabove, the present appeals succeed in part and the impugned judgment and award passed by the learned Assistant Judge, Morbi dated 01/02/1986 in Land Acquisition Case Nos. 53/1983 to 56/1983 are hereby modified to the extent that the respective appellants-original claimants shall be entitled to solatium at the rate of 30% on the entire amount of compensation instead of on the enhanced amount of compensation as awarded by the learned Reference Court and the respective appellants-original claimants are also entitled to interest at the revised rate of 9% and 15% on the entire amount of compensation i.e. the respective appellants-original claimants are entitled to the interest at the rate of 9% per annum on the entire amount of compensation from the date of handing over possession from the first year and at the rate of 15% for the subsequent years till the date of payment or deposit as contemplated under Section 28 of the Land Acquisition Act. IN view of the above, all these appeals are allowed to the aforesaid extent only. No cost.