STATE OF GUJARAT Vs. VRAJLAL HAKABHAI

JUDGEMENT

(1.) THESE appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") read with Section 96 of the Code of Civil Procedure, 1908 are directed against the common judgment and awards dated 18. 7. 2007 in 8 Land Reference Cases arising from the acquisition of the lands in Village Navagadh of Jetpur Taluka in Rajkot District for the construction of approach road from Navagadh to Jetpur junction road. The area of the acquired lands of each individual respondent claimants ranges from 4 ares to 24 ares and the additional compensation awarded by the Reference Court including 12% increase under sub-section (1a) and 30% solatium under sub-section (2) of Section 23 of the Act ranges from Rs. 14,000/- to Rs. 1,80,000/ -. In fact in five of the references, the total amount awarded is less than Rs. 65,000/ -.

(2.) AS against the offer of Rs. 5/- per sq. mtr. made by the Land Acquisition Officer in his award dated 26. 5. 1993 after publication of Section 4 notification on 4. 4. 1991, the Reference Court has determined the market value of the land at Rs. 50/- per sq. mtr. and thus, awarded additional compensation at the rate of Rs. 45/- per sq. mtr. with increase under sub-section (1a) and solatium under sub-section (2) of Section 23 of the Act. The Reference Court has also awarded interest at the rates specified under Section 23a of the Act.

(3.) WE also find from the judgment under appeal that the Reference Court principally relied upon the judgment of the Reference Court in Land Reference Case No. 586 of 1988 and connected cases, as confirmed by this Court in First Appeal No. 2814 of 1996 determining the market value of the lands acquired from the adjoining lands of the same village at Rs. 45/- per sq. mtr. under Section 4 notification published on 24. 4. 1986. Even in that case, the Land Acquisition Officer had offered compensation at the rate of Rs. 10/- per sq. mtr. and therefore, it is surprising that for acquisition under Section 4 notification published on 4. 4. 1991, the Land Acquisition Officer offered only Rs. 5/- per sq. mtr. In view of passage of five years between the dates of publication of two notifications, the Reference Court was certainly required to enhance the rate of compensation. In the judgment under appeal, the Reference Court has given the claimants increase of only Rs. 5/- per sq. mtr. for a period of five years and determined the market value of the acquired lands at Rs. 50/- per sq. mtr.