PRABHAVATIBEN L GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, original claimants have preferred this appeal against the award dated 29.11.1983 made by the Extra Asstt. Judge, Ahmedabad (Rural) at Narol, who partly allowed the reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and awarded an additional compensation of Rs. 80,253.90 inclusive of running interest at the rate of 4 1/2% on the awaraded amount from the date of taking over possession of the land till realisation of the amount.

(2.) The claimants in the reference application claimed compensation @ Rs.40.00 per sq.metre. The agricultural land admeasuring 23,262 sq.mts. came to be acquired for the purpose of Narmada Vasahat Yojna within the limits of town Sanand. Notification under section 4 of the Act was published on 16.7.1981. The Land Acquisition Officer awarded compensation at the rate of Rs.17.00 per sq.metre, giving compensation of Rs.3,95,454.00 and Rs.59,318.10 towards solatium, in all Rs.4,54,772.10.

(3.) The claimants, before the reference Court, led evidence by examining four witnesses and by producing sale instances submitted that the claim as made should be accepted. In para 8 of the impugned award, various sale instances are quoted. The learned Judge after considering the sale instances held that the prevailing market rate can be said to be between Rs. 22.00 to Rs.24.00 per sq.metre. However, in para 10 while awarding compensation, the trial court held that the fair compensation should be calculated @ Rs.20.00 per sq. metre.