EXECUTIVE ENGINEER Vs. DESAI (RABARI) PIRABHAI DHUDABHAI

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 54 of the Land Acquisition Act (hereinafter be referred to as "the Act") challenging the impugned judgment and award dtd. 24/3/2017 passed by the learned 2nd Additional Senior Civil Judge, Deesa, District: Banaskantha in Land Acquisition Reference No.75 of 2012 (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.157.00 paise per square meter. Apart from the said enhancement amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with the interest.

(2.) Brief facts of the present case are that the agriculture lands of respondents - original claimants situated at Village Paladi, Taluka: Deesa, District Banaskantha have been permanently acquired for the purpose of constructing new broad gauze railway line of Patan - Bhildi vide Land Acquisition Case No. 4 of 2009. For the purpose of acquisition, the award has been declared as per rate of Rs.24.25 per square meter on 11/2/2011 and paid compensation to the respondents. It is contended that thereafter, the original claimants had preferred a reference cases before the Special Land Acquisition Officer claiming being as original value of the land should be Rs.1000.00 per square meter, but it was decided only Rs.24.25 per square meter. The Notification under Sec. 4 of the Act has been issued.

(3.) Heard Ms.Archana U Amin, learned counsel appearing for the appellant, Mr.Jinesh Kapadia, learned counsel appearing for respondents and Ms.Roshni Patel, learned Assistant Government Pleader, for respondent No.2 in respective appeals.