VALI ADAM YUSUF Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred as "the Act") for enhancement of the compensation amount is directed against the judgment and award dated 29. 12. 1997 passed by the learned Assistant Judge, Bharuch in Land Acquisition Reference No. 613 of 1987.

(2.) THE appellants' land admeasuring 20,992 sq. mtrs. bearing City Survey No. 1241 in village Vejalpur (Bharuch City) came to be acquired for construction of residential quarters for employees in the police department. The notification under Section 4 of the Act was published on 8. 3. 1984 and Section 6 notification was issued on 24. 8. 1984. As against the appellants' claim for compensation at the rate of Rs. 400/- per sq. mtr. , the Land Acquisition Officer made award dated 24. 3. 1987 in Land Acquisition Case No. 4 of 1984 offering compensation at the rate of Rs. 20/- per sq. mtr. with solatium at the rate of 30% per annum. In the Reference made at the instance of the appellants, the learned Assistant Judge, Bharuch determined the market value of the lands at the rate of Rs. 40/- per sq. mtr. with solatium at the rate of 30% per annum and additional increase at the rate of 12% per annum for the period of 36 months from the date of publication of the notification till the date of the award and interest under Section 28 of the Act. In this appeal, the appellants have claimed compensation at the rate of Rs. 400/- per sq. mtr.

(3.) NO reference is made in this judgment to the compensation awarded for trees, well, water pool, room, etc. as the amounts of compensation for the said construction claimed and awarded are comparatively small and, therefore, did not merit further discussion and the said claims were not seriously pressed at the hearing of this appeal.