SPECIAL LAQ OFFICER Vs. AMRUTLAL AMBALAL RATHOD

JUDGEMENT

(1.) THE present appeal is directed against the judgement and award passed by the Reference Court in Reference Case No.444/1999, whereby the Reference Court has awarded compensation at Rs.37.85 per sq. mtrs., plus solatium at the rate of 30% and increase at the rate of 12% and the interest under Section 28 of the Act.

(2.) THE short facts of the case are that for the project of Sardar Sarovar Narmada Yojna, the lands were to be acquired at Village Patadi, Taluka Dasada, District Surendranagar under the Land Acquisition Act (hereinafter referred to as the Act ). Notification under Section 4 of the Act was published on 22.8.1990. Notification under Section 6 of the Act was published on 19.7.1991. Thereafter, the award was passed under Section 11 of the Act, whereby the Special Land Acquisition Officer awarded compensation at Rs.1.15/ - per sq. mtrs. As the owner/original claimants were not satisfied, they raised the dispute under Section 18 of the Act for additional compensation and such dispute was referred to the Reference Court for adjudication being L.R. Case No.444 of 1999. The Reference Court, at the conclusion of the reference, passed the above referred judgement and award. Under these circumstances, the present appeal before this Court.

(3.) WE have considered the impugned judgement and the reasons recorded by the Reference Court. We have also considered the R and P.