DEPUTY GENERAL MANAGER Vs. RABARI BALDEVBHAI JAKSHIBHAI

JUDGEMENT

(1.) BY way of this appeal filed under Section 54 of the Land Acquisition Act, 1894 (the Act) read with Section 96 of the Code of Civil Procedure, 1908 (the CPC) the appellant -acquiring body has challenged judgment and award dated 12.12.2005 passed under Section 35(3) of the Act by 3rd Additional Senior Civil Judge, Gandhinagar in Land Acquisition Reference No. 781/1998. The State had acquired the land belonging to the private respondent -original claimant under Section 35 of the Act. It appears from the record that by order dated 28.04.1994 passed under Section 35(2) of the Act the Special Land Acquisition Officer determined and awarded rental compensation @ Rs. 1.85/ - sq.mtr. Being aggrieved by the same, the claimant preferred references before the Reference Court claiming Rs. 10/ - sq.mtr. per year. The Reference Court by the impugned judgment and award passed under Section 35(3) of the Act partly allowed the land references and ordered to pay additional amount of rental compensation at Rs. 5.65/ - sq. mtr. per year, over and above that the Reference Court awarded interest @ 9% p.a. from the date of taking possession of the lands on additional rental amount till realization and further ordered the appellant to go on paying the increased rate of rent as per the impugned judgment and award.

(2.) HEARD Mr. Ajay R. Mehta with Mr. Siddharth Dave, learned Counsel for the appellant, Mr. A.J. Patel with Mr. Jayesh Patel, learned Counsel for the respondent -original claimant, and Mr. Alkesh N. Shah, learned Assistant Government Pleader for respondent No. 2 -Special Land Acquisition Officer.

(3.) LEARNED Assistant Government Pleader for the respondent -Special Land Acquisition Officer has also adopted the arguments made by the learned Counsel for the appellant.