STATE OF GUJARAT Vs. PATEL PRAHLADBHAI NARANDAS

JUDGEMENT

(1.) THESE appeals involve common questions on law and facts and therefore, they are disposed of by this common judgment.

(2.) BY way of these appeals, the appellant-State has prayed to quash and set aside the common judgment and award passed by the learned Presiding Officer, F.T.C. No.3, Patan in L.A.R. Cases No.871/2002 to 881/2002 whereby, the reference cases were partly allowed and the appellant-State has been directed to pay additional compensation to the respondent-original claimants at the rate of Rs.45/- per sq. metre over and above the compensation awarded by the Land Acquisition Officer. The appellant-State has also been directed to pay additional compensation at the rate of 12% on the additional amount of compensation awarded according to the provisions of Section 23(1-A) of Land Acquisition Act, 1894 (for short, the said Act) and pay 30% solatium and interest on the additional compensation at the rate of 9% p.a. from the date of taking over of possession or from the date of issuance of Notification u/s.4 of the said Act, whichever is earlier, for the first year and thereafter, at the rate of 15% p.a. till realization of the amount.

(3.) IT is a settled position of law that in land acquisition cases the award passed in a reference case in respect of land situated near to land which is to be acquired can be relied upon for arriving at the just amount of compensation. In the present case, the reference Court has relied upon an award passed in respect of adjoining lands for arriving at the amount of compensation. In my opinion, the reliance placed by the reference Court is legal and proper and no illegality has been committed by the reference Court by awarding compensation similar to what has been awarded in the said reference cases. Hence, I find no reasons to interfere in these appeals.