SPECIAL LAND ACQUISITION OFFICER Vs. SHANAJI NATHAJI THAKORE

JUDGEMENT

(1.) In this group of five Appeals from Order, common questions have arisen. Therefore, upon a request, the entire group is being disposed of by this common judgment. This group of Appeals from Order is directed against the common judgment and order passed on 9-4-1987 by the learned Extra Assistant Judge, Ahmedabad (Rural) at Narol, in group of Civil Misc. Applications which were preferred for review by the respondents-herein-original claimants. The review applications filed by the claimants were with regard to the amount of solatium and interest which was awarded to the claimants as per the award of the trial Court in compensation cases on 30-6-1984 under the Land Acquisition Act.

(2.) The respondents-original claimants were the owners of agricultural land at Chandkheda of Gandhinagar district. Their land came to be acquired by the present appellant-Special Land Acquisition Officer by common award dated 29-3-1979. The claimants were awarded amount of Rs. 8.00 and Rs. 11.00 per sq.mt. by the Land Acquisition Officer. The claimants being aggrieved by the said award, had challenged the same before the District Court at Narol, by way of Reference. The District Court at Narol awarded an amount of Rs. 20.00 per sq.mt.

(3.) The claimants preferred review applications in view of the provisions of Land Acquisition (Amendment) Act, 1984 (LXVIII of 1984) which came into force from 24-9-1984, giving retrospective effect from 30-4-1982. The Amendment Act came into force from 24-9-1984 and the award had become final before that date. Therefore, the claimants preferred review applications claiming benefit of the Amendment Act. According to the case of the claimants, they are entitled to enhanced claim of solatium and interest in view of the Amendment Act as the awards of Courts fell between 30-4-1982 and 30-6-1984.