RAJASTHAN HOUSING BOARD Vs. SMT. RADHA DEVI

JUDGEMENT

(1.) This appeal under section 54 of the Land Acquisition Act, 1894 ('the Act') and the cross-objections arise out of judgment & decree dated 17.12.1998 passed by the Civil Judge (Sr. Division), Bhilwara ('the Trial Court'), whereby the reference made to it was partly accepted and the award dated 07.05.1986 passed by the Land Acquisition Officer ('the LAO') was modified and the claimants were held entitled to amount under Sec. 23(1A) & (2) of the Act along with interest, however, the award of compensation towards cost of land and trees etc. was maintained.

(2.) The land ad-measuring 5 Bigha 9 Biswa owned by respondents was acquired by issuance of notification dated 22.04.1982 under Sec. 4 of the Act and by issuing notice under Sec. 9 of the Act claims were invited. The respondents submitted claim for a sum of Rs. 4,56,700.00, which was resisted by the appellant-Housing Board. The LAO determined cost of land at Rs. 81,750.00 by determining the same at Rs. 15,000.00 per Bigha. The cost of various trees other than Mango trees, was determined at Rs. 19,800.00, Mango trees at Rs. 3,620.00, Well at Rs. 11,492/- and a total compensation of Rs. 1,16,652/- was determined and compensation for compulsory acquisition at 10% of the said amount along with interest @ 4% was allowed and in all compensation of Rs. 1,39,705.86 P. was awarded.

(3.) Feeling aggrieved, the respondents sought reference under Sec. 18 of the Act, which was referred to the court of Civil Judge (Sr. Division), Bhiwara, wherein reply to the claim was filed and evidence was led by the respondents-claimants on the issues framed by the trial court. No evidence was led by the appellant-Board.