GOVINDBHAI DAJIBHAI Vs. SPECIAL LAND ACQUISITION OFFICER KHEDA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dated 19th September 1983 passed by the learned Second Extra Assistant Judge, Nadiad, in Compensation Case No. 8 of 1980 and others, the appellants (original claimants) filed the following appeals : <FRM>JUDGEMENT_265_GLR1_1996Html1.htm</FRM> By the impugned award, the Court has enhanced the compensation from Rs. 55/- per Are awarded by the Special Land Acquisition Officer to Rs. 250.00 per Are. The Court has directed that on the additional amount of compensation, the claimants are entitled to get solatium at the rate of 15%. The claimants are also awarded interest at the rate of 41/2% per annum from the date of award of the Special Land Acquisition Officer.

(2.) In these appeals, the learned Advocate for the appellants vehemently submitted that : (i) the Court ought to have granted compensation at the rate of Rs. 400.00 per Are on the basis of sale instances relied upon by the claimants; (ii) in any case, the claimants are entitled to receive solatium at the rate of 30% as prescribed under Sec. 23(2) of the Land Acquisition Act; and (iii) the claimants are also entitled to receive compensation with interest at the rate as is provided in Sec. 28 of the Land Acquisition Act; With regard to last two submissions, the learned Advocate for the appellants has relied upon Sec. 30(2) of the Land Acquisition (Amendment) Act, 1984 (No. 68 of 1984).

(3.) For appreciating the aforesaid contention, it would be necessary to narrate a few facts : The land situated in the sim of village Sangol, Tal : Thasra, Dist : Kheda was proposed to be acquired for constructing a railway siding for Vanakbori Thermal Power Station. For acquisition of land in question, notification under Sec. 4 of the Act was published on 18th May 1978 and thereafter by further notification dated 6th July 1978 it was corrected. Thereafter, Sec. 6 notification came to be published on 21st August 1978. Before the Special Land Acquisition Officer, the claimants had claimed compensation at the rate of Rs. 10,000.00 per acre (i.e., Rs. 250.00 per Are) for the land under acquisition. Subsequently, they had enhanced the claim and they claimed compensation at the rate of Rs. 20,000.00 per acre. After considering various contentions, the Special Land Acquisition Officer had awarded compensation at the rate of Rs. 55.00 per Are to the claimants.