EXECUTIVE ENGINEER Vs. THAKORE BHIKHAJI MANAJI

JUDGEMENT

(1.) The appellants above named have preferred this appeal u/s.54 of the Land Acquisition Act, 1854 (for short, "the Act") read with Section 96 of the Code of Civil Procedure, 1908 (for short, "the Code"), challenging the judgment and award dated 27/01/2000 passed by the Reference Court presided over by the learned 2nd Extra Assistant Judge, Ahmedabad (Rural) at Mirzapur in Land Acquisition Case No.779/1995, whereby the learned Judge of the Reference Court allowed the said reference and fixed the market price of the land acquired at Rs.80/- per square meter as additional price, over and above the compensation already awarded by the Land Acquisition Officer, appellant no.2 herein, with solatium and interest etc. as may be admissible on the said amount.

(2.) The facts of the case can be drawn from the judgment and award of the trial court placed at page 1 to the memo of appeal. It appears from the judgment of the Reference Court that land, Block No.27, situated at village Nabhoi in Gandhinagar Taluka of Gandhinagar District, was required to be acquired for the purpose of construction of Narmada Canal. Therefore, a proposal was made to the State Government for the aforesaid purpose. Accordingly, the State Government issued Notifications u/s.4(1) of the said Act on 08/01/91 and 16/01/91. Thereafter, a declaration 46 of the Act was made by Notifications dated 03/05/91 and 30/05/91. After following due procedure, the Land Acquisition Officer passed an award on 30/04/92 u/s.11 of the said Act. Under the said award, the Land Acquisition Officer offered compensation at Rs.4.80/- per square meter to the present respondents. It may be noted that the claimants had claimed compensation at Rs.125/per square meter. Therefore, the respondents were not satisfied by the quantum of amount of compensation offered by the Land Acquisition Officer by way of award u/s.11 of the said Act. Therefore, the respondents claimants submitted an application to the Collector, Gandhinagar, for making reference to the Court for enhancement of compensation u/s.18 of the said Act. Accordingly, the Collector made a reference to the District Court, Ahmedabad (Rural) at Mirzapur u/s.18 of the said Act. There the case was registered as Land Acquisition Case No.779/1995. It seems that Notice was issued to the appellants. Written statement was filed. Issues were framed and evidence was recorded. At the close of evidence, the learned Judge of the aforesaid Reference Court allowed the said reference partly and directed that the market price of the lands acquired as aforesaid be fixed at Rs.80/- per square meter, over and above the compensation already awarded by the Land Acquisition Officer (i.e. Rs.80/- + Rs.4.80/- = Rs.84.80/- per sq.meter).

(3.) The learned Judge further directed that the aforesaid amount of compensation shall be paid with solatium at 30% per annum and running interest at 9% per annum for the period of one year from the date of taking over possession of the acquired land and thereafter, at the rate of 15% per annum till the entire amount is fully paid or deposited.