DEPUTY COLLECTOR Vs. KHEMABHAI DITABHAI NINAMA

JUDGEMENT

(1.) ADMIT. Mr. R. N. Shah, learned advocate for the claimants waives service of admission.

(2.) THE Deputy Collector and Land Acquisition Officer, Dahod and others, appellants, original opponents have filed this appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908 against the judgment and award dated 2/5/2006 passed by the learned Principal Senior Civil Judge, Dahod in Land Acquisition Reference Case Nos. 221 of 2004 to 222 of 2004. The learned Judge by impugned judgment and award partly allowed the Reference Cases with proportionate costs. The learned Judge has also held that the claimants are entitled to get actual market price of their acquired land at the rate of 28/- per sq. mtr. as additional compensation and also entitled to solatium under Section 23 (1-A) and 23 of the Act with and interest on the aggregate amount of the acquired land at the rate of 9% per annum from the date of taking over the possession till one year and thereafter at the rate of 15% per annum till realization. These appeals were filed on 27/9/2006. As there was a delay in filing appeals, the applications for condonation were filed and delay was condoned by this Court on 19/7/2007.

(3.) TODAY, on behalf of appellants, Ms. Reeta Chandarana, learned AGP appears. On behalf of respondents, Mr. R. N. Shah, learned senior counsel appears. With consent of parties, matters are taken up for final disposal.