SPECIAL LAND ACQUISITION OFFICER Vs. VITHALBHAI ISHAWARDAS PATEL

JUDGEMENT

(1.) Admit.

(2.) Mr.A.J.Patel, learned advocate for the defendant waives service of notice of admission.

(3.) The Special Land Acquisition Officer, Narmada Project, Unit-3, Sarkhej Gandhinagar Highway, Vejalpur, Ahmedabad and another, appellants, original opponent nos.1 and 2 have filed these appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908 against the common judgment and award dated 30/9/2005 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad (R), At Navrangpura in Land Acquisition Reference Case Nos.173 of 1999 to 184 of 1999. By the impugned judgment, the learned Judge was pleased to partly allow the said land acquisition reference cases and held that the claimants are entitled to receive the amount of compensation of Rs.27.50 per sq. mt. For the acquired land as an additional compensation over and above the compensation already awarded by the Land Acquisition Officer. So, in all the learned Judge has awarded Rs.28.88 per sq. mt. The learned Judge has also awarded interest at the rate of 12% from the date of publication of notification under Section 4(1) of the Act i.e. 4/9/1996 to the date of award passed by the Land Acquisition Officer i.e. 30/7/1998 as provided under Section 23(1A) of the Act. The learned Judge has further awarded 30% solatium and running interest at the rate of 9% per annum for the period of one year form the date of taking over the possession of the acquired land and thereafter at the rate of 15% per annum on aggregated amount i.e. additional awarded amount. Solatium and 12% interest under Section 23(1A) till the entire amount is fully aid or deposited.