DEPUTY CHIEF EXECUTIVE ENGINEER Vs. LILAJI RANCHHODJI THAKORE

JUDGEMENT

(1.) The present appeal under Sec. 54 of the Land Acquisition Act, is directed against the judgment and award dtd. 31/8/2016 passed below Exhibit 38 by the learned Principal Senior Civil Judge, Patan, in Land Acquisition Reference No.310 of 2011 (Main case) and other allied matters. By the said common judgment and award, the learned Judge has partly allowed the Reference and has enhanced the amount of compensation determining the market value of land acquired at the rate of Rs.106.00 per Sq. Mtr. in lands, having no right of entry through Nalia Marg or existing Pakka road for entry and Rs.105.00 per Sq. Mtr. in lands having right of entry through Nalia road. Apart from the aforesaid enhanced amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with interest.

(2.) In order to appreciate the dispute involved in the appeal, it would be appropriate to revisit the relevant dates of acquisition proceedings. The same are summarized as under:

(3.) Ms. Archana Amin, learned advocate for the appellant Railway has at the outset, placed on record the letter dtd. 1/12/2015 addressed by the Narmada, Water Resource, Water Supply and Kalpasar Department to the Executive Engineer, Sujalam Sufalam Spreading Canal Yojana, Circle No.2, Kherva, Mehsana and has submitted that the State Government has accepted the aforesaid decision dtd. 16/7/2014 passed by the Reference Court in Land Acquisition Reference Case Nos.240 to 250 of 2011 in the case of acquisition of land of village: Vayad, Taluka and District: Patan for Sujalam Sufalam Spreading Canal Yojana, which was otherwise relied by the original claimants before the Reference Court in the present acquisition proceedings.