BECHARBHAI ATMARAMBHAI Vs. ADDITIONAL SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the amount of compensation awarded by learned 2nd Joint District Judge, Ahmedabad (Rural), Ahmedabad, by common judgment and award dated 26.06.1989, rendered in LAR No.1045 of 1986 and other allied land references, the original claimants in LAR No.1045 of 1986 preferred this appeal for enhancement of amount of compensation.

(2.) The Reference Court vide common judgment and award dated 26.06.1989, determined the additional amount of compensation at the rate of Rs.8 per Sqr.Mtr. The Reference Court also awarded statutory increases provide under Section 23(1-A) and 23(2) of the Land Acquisition Act and the interest came to be awarded as contemplated under Section 28 of the Land Acquisition Act (hereinafter referred to as "the Act").

(3.) Certain agriculture lands situated at Village:Thaltej, Ta: Daskroi, Dist:Ahmedabad (Rural) were proposed to be acquired for the public purpose of doubling the railway track from Shahibaugh to Viramgam. The notification under Section 4 of the Act was published on 20.06.1974 and on the same day, notification under Section 6 of the Act came to be published. The inquiry was conducted by concerned Land Acquisition Officer ("LAO" for short) to determine the market value and the amount of compensation to be payable to the claimants whose lands came to be acquired including of appellants-claimants. The appellants claimed compensation at the rate of Rs.25 per Sqr.Mtr. LAO under Section 11 of the Act determined the compensation at the rate of Rs.3/- per Sqr.Mtr. The claimants felt aggrieved by the amount of compensation awarded to them, and therefore, they applied for references and references were numbered and registered as LAR No.1045 of 1986 and other allied references.