STATE OF GUJARAT Vs. PATEL VISHNUBHAI MANILAL

JUDGEMENT

(1.) AS all the appeals are arising from the common judgment and award passed by the Reference Court, they are heard together and are disposed of by this common judgment.

(2.) THE short facts are that lands at Village : Bhunav, Ta1luka : Unza, Dist. Mehsana, for the project of Dharoi Yojana, were to be acquired under the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act'). Notification under Section 4 was published on 03.03.2004 and notification under Section 6 was published on 29.05.2004. The award was passed by the Land Acquisition Officer under Section 11 of the Act on 7.7.2004 and he awarded compensation at Rs.20.16 ps per sq.mtr. As the claimants were not satisfied with the said compensation, they raised disputes under Section 18 of the Act and claimed additional compensation of Rs.200/ per sq.mtr. Such disputes were referred to the Reference Court for adjudication which are registered as Land Reference Case Nos.100 to 112 of 2005. The Reference Court, at the conclusion of the hearing and considering the evidence on record of the cases, awarded additional compensation at Rs.180/ per sq.mtr., over and above the compensation awarded by the Land Acquisition Officer. The Reference Court has held claimants to be entitled to get the amount of solatium at the rate of 30% on the additional amount of compensation under Section 23(2) as also to price rise under Section 23(1A) of the Act on the additional amount awarded by the Reference Court from the date of the award. The claimants are also held entitled by the Reference Court to interest on all amounts under Section 28 at 9% from the date of taking over of possession and at 15% thereafter till realization of compensation of all amounts. Being aggrieved with the said award passed by the Reference Court the State has come up with the present appeals challenging the additional compensation awarded to the claimants.

(3.) AT page 10 of the judgment of the Reference Court, the Reference Court has considered the award produced before it at Ex.27 on which reliance was placed by the applicants. In the said award additional compensation was awarded at Rs.164/. In those cases, notification under Section 4 was published on 6.9.2001 and Rs.180/ was fixed and after deducting Rs.16/ awarded earlier, compensation is fixed at Rs.164/.