STATE OF GUJARAT Vs. SUSHILABEN MAHENDRAKUMAR PATEL

JUDGEMENT

(1.) THE short facts of the case appear to be that the proposal was made for acquisition of the land at Unja, Taluka Sidhpur for Sipu Project. Thereafter the notification under Section 4 of the Act was published in the Government Gazette on 8.3.1990. The notification under section 6 of the Act was also published on 6.12.1990. The procedure as per section 9 was followed and ultimately the award was passed by the Land Acquisition Officer (LAO), whereby he awarded the compensation at the rate of Rs.3.55 per sq. mtrs. The land owners/original claimants were not satisfied with the compensation and, therefore, the disputes were raised, which ultimately came to be referred to the Reference Court for adjudication being Land Acquisition Reference Case No.2301/1991 to 2320/1991. The Reference Court found that the market value would be Rs.30/ - per sq. mtrs., for the land under acquisition and, therefore, directed for awarding of the compensation at the rate of Rs.26.50 per sq. mtrs., together with the increase by way of interest at the rate of 12% p.a., under Section 23(1 -A) and the solatium at the rate of 30% under Section 23(2) of the Act and the interest at the rate of 9% for the first year and 15% for the subsequent as per Section 28 of the Act and it is under these circumstances, the present appeals before this Court by the State.

(2.) HEARD Mr. Chhaya, learned AGP for the State and Mr. Keyur Vyas with Mr. Jani for the orig. claimants.

(3.) IT appears that the Reference Court considered the aspects on assessment of the market value by the Reference Court in its earlier decision. It deserves to be recorded that as mentioned by the Reference Court in the impugned Judgment, the contention of the learned AGP was that in respect to the land situated in the very village Unjha, the rate was fixed @ Rs.30/ - per sq. mtr. by the Reference Court in its Judgment and Award in the Land Reference Case No. 58/91 to 68/91 dated 12.08.1997 and it was further argued that for the land situated at fag end of village, the compensation was awarded at Rs.30/ - per sq.mtr. The reference Court further considered that, as per the earlier award of the Reference Court, Rs.24/ - per sq. mtr. was assessed as the value for the acquisition of the land in respect of which the Notification under Section 4 of the Act was published on 12.03.1981 and the lands in the present case are situated in the very village and ultimately, the Court has assessed the market value in the present case at Rs.30/ - per sq.mtr. However, as the compensation was awarded at Rs.3.50/ - per sq.mtr. by the Special Land Acquisition Officer, additional amount of Rs.26.50 per sq.mtr. is ordered to be paid as the compensation together with the statutory benefits.