STATE OF GUJARAT Vs. PATEL JAGDISHBHAI AMBALAL

JUDGEMENT

(1.) THE present appeals arise against the judgement and award passed by the Reference Court dated 31.12.2004 in Land Reference Cases No.1938 of 1997 to 1946 of 1997 with 1948 of 1997 to 1952 of 1997, whereby the Reference Court has additionally awarded the compensation at the rate of Rs.2,283/ - per are (Rs.22.83 per sq. mtrs.) for the land under acquisition together with the increase at the rate of 12% per annum and solatium at the rate of 30% with interest at the rate of 9% for the first year and 15% for the subsequent year.

(2.) HEARD Mr.Chhaya, learned AGP for the appellant State and Mr.Jayesh M. Patel with Mr.A.J.Patel, learned Counsel for the original claimants.

(3.) THE short facts of the case appears to be that for the acquisition of the land of the village Gajera, the proposal was moved. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act") was published on 27.3.1996 and ultimately the awards were passed on 27.3.1997 and the Land Acquisition Officer awarded the compensation at the rate of Rs.304 per are for non -irrigated and Rs.456/ - per are for irrigated land. As the land owner/claimants were not satisfied with the compensation, the demand was raised for more compensation, which came to be referred to the Reference Court for adjudication. The Reference Court ultimately held that the claimants are entitled to get compensation at the rate of Rs,2,283/ - (Rs.22.83 per sq. mtrs.) as the compensation and the amount of compensation awarded by the Special LAO was ordered to be deducted. The Reference Court also awarded the other additional statutory benefit of interest at the rate of 12% per annum from the date of publication of the notification under Section 4 of the Act until the award and solatium at the rate of 30% and the interest at the rate of 9% per annum for the first year from the date of taking over and the interest at the rate of 15% per annum for the subsequent year. It is under these circumstances, the present appeals before this Court.