SPECIAL LAQ OFFICER, DEPUTY COLLECTOR Vs. RAMBHAI LALABHAI

JUDGEMENT

(1.) The present appeal preferred by the Land Acquisition Officer under sec. 54 of the Land Acquisition Act, 1894 read with sec. 96 of the Code of Civil Procedure, 1908, is directed against common judgment and award dtd. 5/5/2000 passed by learned Civil Judge (Senior Division), Surat, in Land Reference Cases No. 38 of 1993 and other reference cases, in so far as the said common judgment and award pertains to the Land Reference Case No. 38 of 1993.

(2.) The Reference Court partly allowed the reference in question alongwith other reference cases awarding compensation at the enhanced rate of Rs.25.00 per sq.mtrs., further granting the benefit of solatium etc.

(3.) The land bearing Survey No. 239 admeasuring 1 Hec. 13 Are and 16 sq.mtrs. situated at village Gaviar, Surat belonging to the respondent claimant came to be acquired alongwith other parcels of land under the provisions of the Land Acquisition Act, 1894 for the public purpose of extension of airport at Dumas, Surat. Notification under sec. 4 of the Act of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on 28/12/1989 whereas notification under sec. 6 of the Act came to be published on 1/12/1990. The Land Acquisition officer declared his award under sec. 11 of the Act on 30/12/1992 awarding Rs.3.50. Rs.6,.00 Rs.8.00 and Rs.10.00 depending upon the category of the lands against the amount of compensation at Rs.200.00 per sq.mtr. demanded by the claimants.