EXECUTIVE ENGINEER Vs. BHIKHUBHAI JIVABHAI

JUDGEMENT

(1.) ALL the appeals arise against the judgement and award of the reference court being L.A. Case Nos. 710 of 95 to 730 of 1995 whereby the additional amount of compensation of Rs. 21.50 paisa per square meter with 30 percent solatium and running interest at the rate of 9 percent per annum and increase at the rate of 12 percent for the period of the year from the date of taking over of the possession of the acquired land and interest of 15 percent per annum thereafter till the entire amount is fully paid or deposited, is ordered.

(2.) HEARD Mr. Sunit Shah, Government Pleader with Mr. Chhaya learned AGP and Mr. Vimal Purohit for the original claimant as shown in the board.

(3.) UPON hearing the learned advocates appearing for both the sides and perusal of the order passed by the reference court shows that the claimant principally relied upon the judgement and the award passed by the reference court in Land Reference Case No. 553 of 1995 decided on 29.11.2003 and 572 of 1995 decided on 29.11.2003 for the land situated at village Kauka and another which is mentioned as Kauka. It also appears that the reference court while deciding the issue for the compensation has at para 8 taken the basis of its earlier decision for awarding compensation at the rate of Rs. 21.50 paisa per square meter as an additional compensation and the reference court has further relied upon certain decisions on the point that even if the land is near by situated at the similar position, the present decision can be based on the same.