SPECIAL LAND ACQUISITION OFFICER Vs. SHIVABHAI JOITARAM PATEL

JUDGEMENT

(1.) BY way of these appeals, the appellants have challenged judgment and award dated 17-7-1998 passed by learned Assistant Judge, Mehsana in Land Reference Case No. 104/1992 to 116/1992, whereby Reference Court has granted Rs. 45/- and after deducting Rs. 3. 60 per sq. mtr. , which was already awarded by Special Land Acquisition Officer, additional amount of Rs. 41. 84 was awarded.

(2.) THE facts in brief, as emerging from record, are as under:

(3.) EXECUTIVE Engineer, Himmatnagar, Irrigation Department, proposed to acquire lands situated at Village Racharda, Taluka Kalol, District Mehsana, for Santej-Ranchhodpura-Unal-Garodiya-Racharda Kans, i. e. for small water canal. On acceptance of proposal, Special Land Acquisition Officer has initiated proceedings for acquisition of said lands and Notification under Section 4 of the Act was published in a Government Gazette on 10-8-1989. Notification under Section 6 of the Act was published in Government Gazette on 11-1-1990. Both these notifications were also published in newspaper and were affixed at conspicuous place of the village where the lands in question are situated. Thereafter, notices under Section 9 of the Act were sent to affected persons and they appeared through their advocate before Special Land Acquisition Officer and claimed compensation at the rate of Rs. 50/- for the acquired land. They also prayed to award solatium, interest etc. Thereafter, Special Land Acquisition Officer awarded compensation for the lands at the rate of Rs. 3. 16 per sq. mtr. He was further pleased to grant solatium, permissible rise and interest as per the provisions of the Land Acquisition Act, 1894. As the claimants were dissatisfied with said award, they sought Land Acquisition Reference under Section 18 of the Act. Accordingly, Land Acquisition Reference Nos. 140 to 116/1992 came to be filed before Reference Court.