STATE OF GUJARAT Vs. ARVINDBHAI VIRMABHAI PATEL

JUDGEMENT

(1.) These appeals of the State Government, under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") read with Section 96 of the Code of Civil Procedure, 1908, are directed against the judgment and award dated 12.7.1999 of the learned Assistant Judge of Sabarkantha at Himatnagar, partly allowing Land Reference Cases No.906 to 941 of 1992, being a group of 36 references.

(2.) The lands in question are situate in the outskirts of village Munshiwada, taluka Modasa in Sabarkantha district. The notification under Section 4 of the Act was published on 29.5.1980, the notification under Section 6 of the Act was published on 2.8.1981 and the Land Acquisition Officer declared his award on 19.3.1982 fixing the price of the lands under acquisition @ Rs.6,000/- per Acre for irrigated land, @ Rs.4,500/- per Acre for non-irrigated land and @ Rs.40/- per Acre for waste land. In terms of the Reference Applications, the rate awarded by the Land Acquisition Officer worked out to Rs.150/- per Are for irrigated land, Rs.112.50 per Are for non-irrigated land and Re.1/- per Are for waste land. The references under Section 18 of the Act were made in the year 1992 pursuant to the order passed by this Court on 28.8.1989 in Special Civil Application No.2086 of 1988. Upon the references being made, the State Government pressed the plea of references having been barred by the law of limitation and also agitated the ground that the award made by the Land Acquisition Officer was a consent award. The Reference Court negatived both the contentions and awarded additional amount of compensation @ Rs.340/- per Are for irrigated land, Rs.355/- per Are for non-irrigated land and Rs.49/per Are for waste land to the applicants of Reference Cases No.906 to 936 of 1992. The Reference Court also awarded additional compensation @ 20% on the amount already paid for the superstructure in Land Reference Cases No.937 to 941 of 1992. In this group of appeals, we are not concerned with the additional compensation for superstructure. Over and above the amount of additional compensation, the Reference Court also awarded 30% solatium and interest @ 9% per annum for the first year from the date of taking over possession and thereafter @ 15% per annum till realization of the additional amount of compensation. Aggrieved by the aforesaid judgment and award, the State Government has filed this group of appeals. SUBMISSIONS ON BEHALF OF STATE GOVERNMENT.

(3.) At the hearing of the appeals, Mr.Arun D. Oza, learned Government Pleader with Mr.A.Y.Kogje, learned Assistant Government Pleader, made the following submissions:-