NARAYAN LAL DAGA Vs. UNIVERSITY OF UDAIPUR

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 C.P.C. has been preferred claiming the following relief:

(2.) The facts giving rise to the present appeal are that the proceedings, for acquiring the property, namely Mohta-Badi situated at Village Parda, for the purposes of the then University of Udaipur, were initiated under the Rajasthan Land Acquisition Act, 1953, for which a notification under Section 4 of the Land Acquisition Act was also issued. In lieu of the acquisition, an award was passed by the Land Acquisition Officer, Udaipur on 29.11.1976.

(3.) The appellant owned a bungalow in 5 biswas of land and he claimed a compensation of Rs. 1,28,000/-, as cost of the bungalow, but the Land Acquisition Officer has allowed the claim only to the extent of Rs. 75,820/- alongwith 10% solatium i.e. a total compensation being Rs. 83,402/-. Thereafter, reference was made to the learned Civil Judge, Udaipur to raise the solatium from 10% to 30% and enhance the compensation to Rs. 1,17,521/- alongwith interest @ 9% per annum, thus, bringing it nearer to the claim sought.