HOUSING COMMISSIONER Vs. STATE OF GUJARAT AND ORS

JUDGEMENT

(1.) THE present appeal under section 54 of the Land Acquisition Act, 1894, read with section 96 of the Code of Civil Procedure 1908, is preferred by Gujarat Housing Board -the acquiring body. The appeal is directed against judgment and award dated 12th April, 1993, passed by learned 3rd Extra Assistant Judge, Vadodara in Land Reference Case No. 168 of 1988, whereby the Reference Court partly allowed the Reference of the respondent -claimant awarding additional compensation of Rs. 3,70,758.10 ps.. The order to pay interest at the statutory rate and solatium on the additional amount was also passed.

(2.) THE land bearing Survey No. 352 admeasuring 1 Hectare 21 Aare and 41 Sq. Mtrs. situated at village Tarsali, Taluka -Vadodara, belonged to the respondent claimant, which came to be acquired under the provisions of Land Acquisition Act 1894 for the purpose of development plans under the Scheme for construction of residential houses of the Gujarat Housing Board. Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred as 'the Act') was published on 30th August, 1973. The amended notification under section 4 was issued on 16.01.1975. Notification under section 6 was issued on 19.08.1976 and the amended notification under section 6 was issued on 04.03.77. Before the Land Acquisition Officer, the claimant claimed compensation at the rate of Rs. 4.50 to Rs. 5.00 per sq. ft. The Land Acquisition Officer passed Award No. 14/3 on 19.2.1986 and awarded Rs. 90,000/ - per Hector, equivalent to paise 85 per sq. ft. Before the Reference Court, the claimants claimed enhancement.

(3.) HEARD learned advocate Mr. Y N Ravani for the appellant and learned advocate Mr. Nilesh A Pandyan for the respondent No.3 -claimant. Also heard learned Assistant Government Pleader Mr. Amit Borot for the respondent Nos. 1 and 2.