WIDOW MOTIBAI RAGHAVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the group of First Appeals arise from the common judgment of the Reference Court, they are being considered by the common judgment.

(2.) IT appears that after the proposal was moved for acquiring the land situated at village Lajai, Taluka Morbi, Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on 18.12.1980. Thereafter, the Notification under Section 6 of the Act was published on 18.06.1981. The Land Acquisition Officer ultimately passed the Award and he fixed the market value of the Jirayat land @ Rs.80 per Are and for Bagayat land, it was fixed @ Rs.110 per Are. The original claimant being dissatisfied with the Award of the Land Acquisition Officer, preferred petition under Section 18 of the Act, which ultimately came to be referred to the Reference Court for adjudication and the Reference Court, after taking into consideration the evidence on record, at para 14, while dealing with the issue No.1, concluded as under:

(3.) HOWEVER , the learned Judge also considered the valuation of the Well and in the operative portion, it appears that the order is passed for awarding an additional amount of compensation @ Rs.30/ - per Are, over and above the amount already awarded by the Land Acquisition Officer and he ordered 30% of solatium on the enhanced amount of compensation and also interest @ 9% per annum from the date of taking over of the possession for the first year and 15% interest per annum till the amount is deposited in the Court. For the valuation of the Well, 75% of the cost based on the report was also additionally granted as compensation. It is under these circumstances, the State has preferred First Appeal No.376 of 1987 to 399 of 1987, mainly for the reduction of the amount than the amount ordered by the Reference Court, whereas the original claimants have preferred First Appeal Nos.2278 of 1987 to First Appeal No.2300 of 1987 for enhancement of the amount of compensation.