SPECIAL LAQ OFFICER Vs. PATEL MADHUSUDAN AMBALAL

JUDGEMENT

(1.) THE present appeal is directed against the judgment and the award passed by the Reference Court in Land Reference Case No.594 of 1998 whereby the Reference Court has awarded additional compensation at Rs.105/ per sq.mtr., as the additional compensation with the statutory benefit of increase in the market value under Section 23(1A) and solatium under Section 23(2) and the interest under Section 28 of the Act.

(2.) THE short facts of the case appears to be that the land at Village : Khodiyar, Taluka : Gandhinagar, were to be acquired for the project of Narmada Canal. The notification under Section 4 of the Act was published on 4.4.1993 and the notification under Section 6 of the Act was published on 10.2.1994. Thereafter award was passed on 31.3.1995 and the Land Acquisition Officer awarded compensation at Rs.4.80 ps. per sq.mtr. As the land owners were not satisfied with the compensation they raised the dispute and demanded compensation at Rs.500/ per sq.mtr. Such disputes were referred to the Reference Court for adjudication being Land Reference Case No.594 of 1998. The Reference Court at the conclusion of the reference awarded additional compensation at Rs.105/ per sq.mtr., plus the statutory benefits. Under the circumstances the present appeal before this Court.

(3.) IT appears from perusal of the judgment of the Reference Court that the Reference Court has relied upon another decision of Reference Court for acquisition of lands located at Village : Khoraj for the very project of Narmada Canal. The Reference Court found that the lands were adjoining but there was difference in the notification under Section 4 for the land at Village : Khoraj, since the notification in the said case was published on 20.11.1997. The Reference Court thereafter found decrease in the valuation, since in the present case notification was 04 years and 06 months prior to the notification for acquisition of the land at Village : Khoraj and thereafter found that the market value of the land could be Rs.109.80 ps. per sq.mtr. As Rs.4.80 ps. already awarded as compensation, the Reference Court has awarded Rs.105/ per sq.mtr., as additional compensation.