SPECIAL LAND ACQUISITION OFFICER Vs. MENABEN MANSANGBHAI CHAUDHARY

JUDGEMENT

(1.) IN present appeal, the acquisition of the land is at Village Dela and the Notification under Section 4 of the Land Acquisition Act, (hereinafter referred to as 'the Act' for short) was published on 3.7.2004 and the Notification under Section 6 of the Act was published on 28.8.2004. It may also be recorded that the land has been acquired for the project of 'Sujlam Suflam' Spreading Canal. It appears that the Special Land Acquisition Officer passed the award on 27.9.2004 and awarded compensation at Rs.7.80 per sq. mtrs. Since the claimant/original owner was not satisfied with the compensation, he raised the dispute, which ultimately came to be referred to the Reference Court for adjudication. The Reference Court, at the conclusion of the reference, by the impugned judgement and award, granted compensation at Rs.440/per sq. mtrs., being additional compensation plus increase in the price as per Section 23(1A) of the Act, statutory benefit of interest and solatium. It is under these circumstances, the present appeal before this Court.

(2.) BY consent of the parties the matter is taken up for hearing.

(3.) WE have also heard Mr.Niraj Asar, learned AGP for the appellant and Mr.Prajapati for the respondent in the present appeal.