KARSHANJI MATHURJI Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) The grievance made by the claimants in the instant appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908 is that they should have been awarded compensation at the rate of Rs.50/- per sq.mt. for their acquired lands and not at the rate of Rs.48/- per sq.mt. by the Reference Court and that interest on the amount awarded under Section 23(2) and 23(1-A) of the Act should also have been awarded to them.

(2.) This Court has heard Mr.A.J.Patel, learned counsel for the claimants and Ms.Krina P.Calla, learned AGP for the respondents.

(3.) From the record of the case, it is evident that the lands of the appellants situated at village Serisha, Taluka Kalol, District Mehsana were acquired for the public purpose pursuant to publication of Notification issued under Section 4(1) of the Act in the Official Gazette on July 19,1990. The Land Acquisition Officer had awarded compensation to the claimants at the rate of Rs.3.60 Ps.per sq.mt. by his award dated February 29,1992. Feeling aggrieved, references were sought and the Reference Court awarded additional amount of compensation at the rate of Rs.44.40 Ps. per sq.mt. i.e. Rs.48/- per sq.mt. in all. The grievance of the claimants is that they should have been awarded compensation at the rate of Rs.50/- per sq.mt. and also should have been granted interest on the sums awarded under Section 23(2) and 23(1-A) of the Act.