RAJPUT SURSINHJI CHATIRJI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE. Mr. U. A. Trivedi, learned Addl. Government Pleader waives service of rule on behalf of the respondent State.

(2.) IN this petition, under Article 226 of the Constitution, the petitioner has challenged the order dated 3rd March, 2009 of the learned 3rd Joint District Judge, mehsana rejecting the petitioner's application Exh. 12 for amendment of the claim in Land Reference Case No. 1075 of 2004.

(3.) THE petitioner's land came to be acquired under the provisions of Land acquisition Act, 1894 for the purpose of constructing Dharoi Dam. On receipt of the notice under Section 9 of the Act, the petitioner made claim before the Land acquisition Officer for compensation at the rate of Rs. 200/- per sq. mt. , however, by his award dated 11th July, 2006, the Land acquisition Officer offered compensation at the rate of Rs. 8. 85 ps. per sq. mt. The petitioner, therefore, made an application under Section 18 of the Act for reference to the District Court for enhancement of the compensation amount. The Reference was numbered as Land Acquisition Reference no. 1075 of 2004 in the District Court, mehsana. During pendency of the reference, the petitioner submitted an application Exh. 12 on 19th December, 2008 praying for permission to amend the claim before the Reference Court for the purpose of enhancing the claim from Rs. 200/- per sq. mt. to Rs. 500/- per sq. mt. By the impugned order dated 3rd March, 2009, the reference Court rejected the application after recording findings on merits of the award and the sale instance sought to be relied upon by the petitioner for the purpose of seeking permission to enhance the claim from Rs. 200/- per sq. mt. to Rs. 500/- per sq. mt.