LAND ACQUISITION OFFICER Vs. KUMBHAR HARJIBHAI LAVJIBHAI

JUDGEMENT

(1.) PRESENT appeal is directed against judgment and award dated 09.04.2008 passed by Land Reference Court in Land Acquisition Reference Case No.3733 of 2003, whereby the Reference Court has awarded additional compensation at the rate of Rs.47.20 ps. per sq.mtr. plus other statutory benefits of interest, solatium etc. as per provision of the Land Acquisition Act (herein after referred to as the Act).

(2.) THE land of the original claimant at Village Matrasan, Ta.Bechraji, Dist. Mehsana was required for public purpose of Narmada Canal and for that purpose, notification under Section 4 of the Act was published on 19.10.1994 and notification under Section 6 of the Act was published on 08.05.1995. THE award came to be passed by Land Acquisition Officer on 30.12.1996 at the rate of Rs.2.80 ps. per sq.mtr. THE land owner original claimant was not satisfied with the compensation, therefore, he raised the dispute and demanded compensation at the rate of Rs.100 per sq.mtr. of the land in question. Reference Court after considering matter and by relying upon previous judgment dated 13.12.1996 of it, earlier decision in Land Reference Case No.31 of 1994, found that market value of land in question would be Rs.50/- per sq.mtr. Since, the amount of Rs.2.80 ps. per sq.mtr. was already awarded by Land Acquisition Officer, Reference Court has awarded additional compensation of Rs.47.20 ps. per sq.mtr. as additional compensation. Reference Court also awarded additional amount of compensation at the rate of 12% as per Section 23(1A) of the Act, solatium at the rate of 30% as per Section 23(2) of the Act and interest under Section 28 of the Act. It is against said judgment and award, present appeal is before this Court.

(3.) WE may record that at the outset learned AGP Ms.Thakkar on instruction of Mr.S.N.Chauhan, Special Land Acquisition Officer, who is stated as present before this Court, declared before us that Special Land Acquisition Officer has accepted the decision and amount of compensation has also been paid to the original claimant.