LAND ACQUISITION OFFICER Vs. HARISINGJI BALDEVJI

JUDGEMENT

(1.) BOTH the appeals arise from the common judgment and award passed by the Reference Court, therefore, they are being considered simultaneously.

(2.) THE short facts of the case are that for the project of Executive Engineer Jilla Panchayat, Gandhinagar, the lands at Village : Vavol, Taluka : Gandhinagr, District : Gandhinagar, were to be acquired for the purpose of VavolKolvada Road under the Land Acquisition Act (hereinafter referred to as 'the Act' for short). The notification under Section 4 of the Act was published on 8.6.1989 and notification under Section 6 of the Act was published on 12.10.1989. The Special Land Acquisition Officer thereafter passed an award whereby he awarded Rs.11/ per sq.mtr., as compensation. As the claimants ­ original land owners were not satisfied with the compensation they raised the dispute under Section 18 of the Act and demanded compensation at Rs.2500/ per sq.mtr. Such disputes were referred to the Reference Court for adjudication being Land Acquisition Case Nos.777 and 778 of 1998. The Reference Court at the conclusion of the reference passed judgment and award dated 22.10.2008 whereby it has awarded compensation at Rs.127.60 per sq.mtr., plus statutory benefits of solatium, increase in the market price and interest as per Section 28 of the Act. It is under these circumstances the present appeals before this Court.

(3.) THE perusal of the reasons recorded by the Reference Court shows that the Reference Court has relied upon the decision of this Court in First Appeal Nos.4069 to 4072 of 2007 and allied matters dated 11.4.2008 whereby for the land located at Village : Sargasan the High Court had awarded compensation at Rs.231/ per sq.mtr. The Reference Court found that the Village : Sargasan was adjoining to Village : Vavol where the lands are located and, therefore, the decision of this Court should be considered as the basis. However, in the case of acquisition of land at Village : Sargasan the notification under Section 4 of the Act was on 20.5.1993 whereby the notification under Section 4 of the Act in the present case was on 08.06.1989. The Reference Court reduced the amount by decreasing at the rate of 10% per year total 40% and fixed the market price at Rs.138.60 ps. per sq.mtr. Further as Rs.11/ per sq.mtr., was already awarded by the Land Acquisition Officer, the additional compensation has been awarded at Rs.127.60 ps. per sq.mtr.