BHIKHAJI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present group of First Appeals have been filed by the original claimants being aggrieved and dissatisfied with the judgment and award passed by the Learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos.610 to 612 & 613 to 615 of 2009 dated 16.04.2009 on the grounds stated in the memo of Appeals.

(2.) The facts of the case briefly stated are that the land of the original claimants situated in the sim of Village : Jethlaj, Taluka : Kalol, District : Gandhinagar have been acquired for the purpose of Drilling Site No.S.A.E.S. after issuing notice under Sections 4 and 6 of the Land Acquisition Act dated 01.03.2000 and 06.06.2001 respectively. After completing the procedure, the Special Land Acquisition Officer awarded compensation at the rate of Rs.24/- per sq.mtrs. for the acquired land. Therefore, the original claimants have preferred Reference under Section 18 of the Act for enhancement of the compensation as they had already prayed to award Rs.1,000/- per sq.mtrs. of the land. The Learned Principal Sr. Civil Judge, Gandhinagar partly allowed the References and ordered that the claimants of Land Acquisition Reference Nos.610 to 612 of 2009 are entitled to get the amount of Rs.200/- (Rupees Two Hundred Only) per sq.mtrs. (Rs.224/- mines Rs.24/- as per award) as well as the claimants of Land Acquisition Reference Nos.613 to 615 of 2009 are entitled to get the amount of Rs.214.80 (Rupees Two Hundred Fourteen and Eighty paise Only) per sq.mtrs. (Rs.244.80 mines Rs.30/- as per award) along with interest @ 9% per annum for a period of one year and @ 15% per annum till realization of the amount, which has been assailed in this First Appeals on the grounds stated in the memo of Appeal.

(3.) It is contended that though the Reference Court has determined the market value at the rate of Rs.280/- per sq.mtrs. as well as Rs.306/- per sq.mtrs. in respectively Reference, he has not awarded the compensation at that rate, which is erroneous. It is also contended that the amount of compensation, which has been arrived at by the Reference Court at the rate of Rs.280/- per sq.mtrs. as well as Rs.306/- per sq.mtrs. in respectively Reference with statutory benefit may be awarded and the development charges, which has been deducted, is erroneous. It is also contended that the lands of Village : Jethlaj are the agricultural land and the Court below has failed to appreciate that the land in question and the other land of same taluka are of same type of same village and, therefore, the question of deduction of development charges would not arise. It is, therefore, contended that the deduction of 20% development charges is unjustified and the Reference Court ought not to have deducted from the market value at the rate of Rs.280/- as well as Rs.306/- per sq.mtrs. in respectively Reference. Reliance is also placed on the judgment of the Hon'ble Apex Court in case of C.R. Nagaraja Shetty V/s. Special Land Acquisition Officer & Estate Officer & Anr., 2009 AIR(SC) 2184