PATEL SOMABHAI KALIDAS Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) By filing these Appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short), read with Section 96 of the Code of Civil Procedure, 1908, the appellants-claimants have challenged that part of the judgment and award dated August 2, 2001, rendered by the learned Extra Assistant Judge, Mehsana, in Land Acquisition Reference No.1351 of 1997 to Land Acquisition Reference No.1357 of 1997 by which, the Reference Court, while awarding the additional amount of compensation to the claimants at the rate of Rs.23.60 ps. per sq.mt. for their acquired lands, over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.3/- per sq.mt. by his award dated December 11, 1995, has denied the interest on the amount which is awarded under Section 23(2) and Section 23(1-A) of the Act on the basis of decision of the High Court in Special Land Acquisition Officer, Bharuch v. Jagdishbhai 1997(2) GLH (U.J.-17)27.

(2.) Pursuant to publication of notification under Section 4 of the Act in the official gazette on December 27, 1992, the lands of the claimants situated at village Shiyapura, Taluka: Kadi, District: Mehsana, were acquired for the public purpose of construction of Narmada Canal. In due course, declaration made under Section 6 of the Act was also published. Thereafter, the Special Land Acquisition Officer had issued notices to the claimants for determination of the amount of compensation payable to them and after hearing them, offered compensation to them at the rate of Rs.3/- per sq.mt. by his award dated December 11, 1995 though their claim was Rs.30/- per sq.mt. Feeling aggrieved, the claimants sought References. Accordingly, the References were made to the District Court, Mehsana, where they were registered as Land Acquisition Reference No.1351 of 1997 to Land Acquisition Reference No.1357 of 1997.

(3.) On behalf of the claimants, witness Balchandbhai Kalidas Patel was examined at Ex.14 whereas on behalf of the opponents, two witnesses, namely (i) Patel Vishnubhai Jethabhai and (ii) Suthar Shantilal Govindbhai were examined at Ex.18 and Ex.21 respectively. The claimants produced previous award of the Reference Court relating to the lands of this very village at Ex.11. Further, they produced the judgment of the High Court rendered on December 19, 2000, in First Appeals No.1959/2000 to 1974/2000, which indicated that the previous award of the Reference Court relating to the lands of village Shiyapura was confirmed by the High Court. The Reference Court, after placing reliance on the previous award of the Reference Court relating to the lands of this very village, awarded additional compensation to the claimants at the rate of Rs.23.60 ps. per sq.mt. by the impugned award. However, while awarding the additional amount of compensation to the claimants, the Reference Court has denied the benefit of interest to which the claimants would be entitled to on the amount awarded under Section 23(2) and Section 23(1-A) of the Act on the basis of judgment of the Division bench referred to earlier. In the Appeals the claimants have not only claimed the benefit of interest on the amount awarded to them under Section 23(2) and Section 23(1-A) of the Act but have also claimed that they should be awarded further additional amount of compensation at the rate of Rs.3.40 ps. per sq.mt.