BAKHTAVAR NAUSHIR LAM Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal under Sec. 54 of the Land Acquisition Act, 1894 read with Sec. 96 of the Civil Procedure Code, 1908 is against the judgment and award dated 11-3-1997 passed by the learned Extra Assistant Judge, Surat in Land Reference Case No. 47 of 1989.

(2.) The appellant was the owner of land bearing property No. 1744 admeasuring 193.98.22 sq.mts. in Ward No. 5 of Saiyedpura, Choryasi Taluka, District Surat. The State Government acquired certain lands, including the aforesaid land of the petitioner, for the Surat Municipal Corporation for the purpose of keeping that land as open land for public use. The notification under Sec. 4 of the Land Acquisition Act, 1894 was issued on 6-5-1987 and was published in the Official Gazette on 23-7-1987. The Sec. 6 notification was thereafter issued on 1-10-1987 and published in the official gazette on 12-11-1987. The notice under Sec. 9 of the Act was issued on 28-12-1987 and was published in the newspaper and also at the site. The Land Acquisition Officer also issued notice to the appellant for lodging his claim. The appellant claimed compensation at the rate of Rs. 5,000/- per sq.mt. with solatium and other statutory benefits and also claimed cost of the godown amounting to Rs. 17,800/-. After hearing the appellant, the Land Acquisition Officer made an award dated 10-4-1989 awarding compensation at the rate of Rs. 1,000/- per sq.mt. with solatium under Sec. 23(2) and increase at the rate of 12% under Sec. 23(1-A). However, the Land Acquisition Officer refused to grant interest as the possession of the land was not taken over by the Corporation. The appellant applied for the reference under Sec. 18 and the reference was made to the District Court, which culminated in Land Reference Case No. 47 of 1989. Before the Reference Court, the appellant reiterated the claim for compensation at the rate of Rs. 5,000/- per sq.mt. on the ground that less valuable land were sold in the year 1987 for Rs. 2,400/- per sq.mt. and it was further submitted that the said lands were less valuable as compared to the appellant's land which was surrounded by the open land on three sides-Government land, another Government land and Saiyedpura main road. It was also contended that the acquired land was in a commercial area, the appellant was entitled to get compensation at the rate of Rs. 5,000/- per sq.mt.

(3.) Mrs. Ketty A. Mehta has appeared for the appellant and Mr. Kaushal Pandya for Mr. P. G. Desai, learned Counsel has appeared for the acquiring body and Mr. Nikunt Raval, learned A.G.P., has appeared for the opponent No. 1 L.A.O.