(1.) Invoking the appellate jurisdiction of this Court contained under Sec. 54 of the Land Acquisition Act, 1894 (for short 'the Act of 1894-), this appeal has been submitted against the judgment dtd. 23/4/2015 passed by the Court of Senior Civil Judge, Alwar (hereinafter referred as 'Reference Court') by which the Reference Petition No.101/2006, filed by the respondent has been allowed.
(2.) The land of the respondent was acquired by the State Government vide Notification dtd. 12/9/2005. The total land ad-measuring 431.82 hectare situated in Village Janaksinghpura, Madhosinghpura, Kali Pahadi and Majra Kaath, Tehsil Behror, District Alwar was acquired for extension of Industrial Area. A Notification under Sec. 6 of the Act of 1894 was issued on 2/2/2006. Total 0.83 hectare land of the respondent from Khasra No.35 situated in Village Majra Kaath was acquired. The Land Acquisition Officer passed an award on 10/4/2006 and total compensation was determined as Rs.51,26,766.00 including interest under Sec. 23(1A) of the Act with 30% solatium.
(3.) Feeling dissatisfied by the award dtd. 10/4/2006, the respondent submitted a reference petition under Sec. 18 of the Act of 1894 for enhancement of compensation for treating the land as residential and not agricultural. Learned Senior Civil Judge allowed the reference vide judgment dtd. 6/3/2013 and held that the respondent was entitled to get compensation @ 1600/- per sq. feet along-with interest @ 12% from the date of publication of the Notification under Sec. 4 of the Act of 1894 dtd. 12/9/2005 and also entitled for 30% solatium.
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