BHAGUBHAI DAMODARBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present First Appeals are filed being aggrieved by the judgement and award dated 15th January, 1988 passed in Land Reference Case Nos. 1 to 10 of 1985, 21 to 25 of 1985, 26 of 86, 28 to 36 of 1986, 40 of 1986, 325 of 1987 and 326 of 1987 by the learned Assistant Judge, Surat, whereby all the Land Reference Cases are partly allowed with proportionate costs. It is declared that the claimants are not entitled to get additional compensation, but are entitled to get only solatium at the rate of 30% instead of 15% towards the whole compensation and also entitled to get interest at the rate of 9% from the first year from the date of taking over the possession of the acquired land and subsequently at the rate of 15% till realisation. The learned Judge was also pleased to declare that, as declared by the Honourable Apex Court in the case of Lady Tanumati, no Court fees is to be paid by the claimants. The original judgement was ordered to be kept in Land Reference Case No.5 of 1985 and a copy thereof in all Land Reference Cases.

(2.) Facts giving rise to the present appeals, in nutshell are that a preliminary notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as `the said Act') were published in the Gujarat Government Gazette Part-IB on 1 5/07/1982, and 5/03/1981 for Village Gothan, and on 3rd July, 1982 and 9th July, 1981 for Village Bharthan. Subsequently, notifications under Section 6 of the said Act were published in the Gujarat Government Gazette Part-IB on 1 8/09/1982 and 29/05/1982 for Village-Gothan and on 18/09/1982 and 3rd July, 1982 for Village-Bharthan. The purpose for acquiring the lands was to construct a new railway line for Hazira Fertilizer Complex of Krishak Bharati Co.op. Society Ltd., at Village Bharthan, Tal.Olpad, District: Surat. The possession of the land of Villages Bharthan and Gothan was taken on 17/08/1982, 05/09/1982, 07/09/1982, 08/09/1982, 10/09/1982, 30/07/1982 and 14/10/1982 and the awards were declared on 26/04/1984, 5/05/1984 and 18/11/1984 by the Land Acquisition Officer, Surat. The appellants, being aggrieved of the awards passed by the Land Acquisition Officer, Surat, filed various Land Reference Cases, which were decided by the learned Assistant Judge by the aforesaid judgement and award, against which the present First Appeals are filed.

(3.) To facilitate the Court, Mr.A.J.Patel, learned Advocate appearing for the appellants, produced a statement in tabular form setting out the details like Appeal No., Land Reference Case No., Date of Notification under Section 4, Survey No., area of the land under acquisition in each individual case, Compensation claimed before the Land Acquisition Officer, Compensation awarded by the Land Acquisition Officer, Compensation claimed in the Court below, Compensation awarded by the Court below and Compensation claimed in each Appeal. He also produced a statement setting out the details of the sale deeds with necessary details of each of the sale instance like the document produced at Exhibit No., nature of transaction, date of the document, name of the vendor, name of the vendee, survey no., area of the land, land to which the document pertains, amount of sale consideration and rate per square metre. Both these tabular statements are taken on record.