STATE Vs. JEO RAJ

JUDGEMENT

(1.) These appeals are against similar awards passed by the learned Civil Judge, Sri Ganaganagar dated August 11, 1980 under section 26, Rajasthan Land Acquisition Act, 1953 (hereinafter to be called as 'the Rajasthan Act'). The first five appeals have been filed by the State of Rajasthan against the claimants impleading the Urban Improvement Trust (now Municipal Council), Sri Ganganagar as pro forma respondent. The last appeal has been filed by the claimant for the enhancement of the amount of compensation and grant of solatium and interest. The facts of the cases are similar. They may be summarized thus.

(2.) With a view to remove residential difficulties of the inhabitants of Sri Ganaganagar, adjoining agricultural fields of Chak No. 2e, 3e and 6e were acquired by the State of Rajasthan. The Land Acquisition Officer, Sri Ganganagar calculated compensation @ Rs. 4,775/- per bigha by its award dated October 15, 1976. Aggrieved with his awards, claimants moved applications under section 17 of the Rajasthan Act for making references to the District Court, Sri Ganaganagar, Subsequently, they were transferred to the Civil Judge, Sri Ganganagar who was also authorised to entertain and decide the references vide notification No.4 (1) (4) Rev/Group/IV/75 dated March 12 1975. The claimant-respondents filed their claims claiming compensation @ Rs. 25,000/- per bigha. The Municipal Council, Sri Ganganagar (successor of Urban Improvement Trust, Sri Ganganagar also filed applications under section 18 of the Rajasthan Act for making references they were made and were dismissed by the District Judge, Sri Ganaganagar. The learned Civil Judge framed issues and recorded the evidence of the parties. After hearing them, compensation was determined @ Rs. 9, 500/- per bigha with solatium @ 10% and interest @ 6% Solatium and interest have not been allowed to the claimant Girdhari Ram (respondent No. 1 in the appeal No. 18/ 91) on the ground that he was still then in possession of his land. He has filed appeal No. 36/ 81 for the enhancement of the compensation from Rs. 9,500/- to Rs. 12,000/- per bigha and grant of solatium and interest.

(3.) It has been contended by the learned counsel for the Municipal Council, Sri Ganganagar and Deputy Government Advocate that the learned Civil Judge has seriously erred in enhancing the compensation and in awarding, solatium and interest, certified copies of certain sale-deeds in respect of the similarly situated land showing their sale @ Rs. 4000/- per bigha were filed and the learned Civil Judge has not considered them. He also contended that the learned Civil Judge has placed great reliance on the order Ex. 1 of the Land Acquisition Officer, Sri Ganganagar dated April 27, 1979 awarding compensation @ Rs. 9,500/- per bigha without considering the fact that it was given in respect, of small pieces of land of better quality. He further contended that learned Civil Judge should not have taken into consideration the certified copies of the sale-deeds filed by the claimants as they were not duly proved and the sales effected through them were against law. He lastly contended that the potential value of the land has also been taken into consideration in the utter disregard of the proviso to sub-section (2) of section 3 of the Rajasthan Act.