NARBHERAM GOKALDAS Vs. DY.COLLECTOR NAKHTRANA

JUDGEMENT

(1.) The appellant is not happy with the judgment and award dated 09.03.2007 passed by the learned Principal Senior Civil Judge, Kutch at Bhuj in LAR No.162 of 2003 (Old Land Reference Case No.162 of 1998) consolidated with LAR No.49 of 2003, whereunder, the Reference Court, partly allowed the Land Reference Case, preferred by the appellant and awarded additional compensation in respect of the land belonging to the appellant at the rate of 3.00 per sq. mtr. for non-irrigated land and Rs.4.50 for irrigated land bearing survey No.46 Paiki admeasuring about He. 44400 Are of village Akri Mota.

(2.) Shorn of unnecessary details, facts giving rise to the present appeal are that the appellant's land bearing Survey No.46 Paiki admeasuring about He. 4-44-00 Are. of village Akri Mota was acquired for Mining Project. The learned Principal Senior Civil Judge Kutch at Bhuj by the impugned award awarded the compensation of Rs.3.00 per sq. mtr. for non-irrigated land and Rs.4.50 for irrigated land with 30% solatium and 9% interest from the date of award up till taking the possession by the Special Land Acquisition Officer for the first year and after that 15% interest for the rest of the year.

(3.) Heard Mr. A.R. Patel, learned advocate for the appellant, Mr. Varun K. Patel, learned advocate for the respondent No.2 and Mr. Hardik Soni, learned AGP for the respondent Nos. 1 and 3.