- (1.)The challenge in this appeal is to the judgment and award dated 30.11.1990 rendered by the learned Assistant Judge, Morbi in Land Acquisition Case No. 16 of 1985 whereby the Reference Court determined just and fair amount of compensation at the rate of Rs. 15 per sq.mtr. The Appellants - original claimants felt that the amount awarded by way of compensation to them was less and inadequate and, therefore, preferred this appeal for enhancement of the amount of compensation.
(2.)An agricultural lands belonging to the Appellants - claimants situated at Village: Hasanpar, Taluka: Wankaner, District: Rajkot bearing Survey No. 126/3 admeasuring 5854 sq. mtr. was proposed to be acquired for construction of Houses of Gujarat Housing Board. The Notification under Section 4 of the Land Acquisition Act (for short "the Act") was published on 15.01.1981 and the Notification under Section 6 of the Act came to be published on 09.01.1984. The Special Land Acquisition Officer conducted inquiry to determine just and fair amount of compensation and the Special Land Acquisition Officer by his award dated 11.03.1985 under Section 11 of the Act offered compensation to the Appellants - claimants at the rate of Rs. 5.25 paise per sq.mtr. The claimants felt that the amount offered by way of compensation was meager and insufficient and, therefore, they applied for Reference. Their Reference was numbered and registered as Land Acquisition Case No. 16 of 1985 and the claimants claimed compensation at the rate of Rs. 75 per sq.mtr.
(3.)Before the Reference Court, both the parties adduced oral as well as documentary evidence. The evidence also came to be adduced that as a matter of fact, the land acquired belonging to the claimants was situated almost in the middle of Wankaner city and the same was surrounded by Railway Junction, Quarters of Amarsinhji Mills and the houses of Housing Board etc. It had also come on record that the land of the claimants which came to be acquired was falling within the area of Wankaner Nagarpalika. The Reference Court relied upon the documents at Ex.41 and 42 which pertains to the sale of two plots namely Plot No. 110 and Plot No. 111 and sale transaction took place by way of public auction wherein Wankaner Nagarpalika paid consideration regarding those two plots at the rate of Rs. 48 per sq.mtr for plot No. 110 and Rs. 42 per sq.mtr for Plot No. 111 on 30.04.1980. The Reference Court further observed that those plots were situated at the distance of about 700 feet from the acquired land of the claimants. The Reference Court then observed that the claimants had purchased this land in the year 1978 at the consideration of Rs. 5,000 and further held that so far as the comparable auction sale instances relied upon by the claimants produced at Exs.41 and 42 pertains to the small non-agricultural plots admeasuring approximately 60 sq.mtr. each. The Reference Court, therefore, though came to the conclusion that the amount offered by the Special Land Acquisition Officer to the claimants by way of compensation at the rate of Rs. 5.25 per sq.mtr can definitely be said to be less and inadequate and, therefore, the Reference Court observed that the claimants were entitled to recover additional amount of compensation at the rate of Rs. 9.75 per sq.mtr. Thus, the Reference Court determined the market value of the acquired land of the Appellants at the rate of Rs. 15 per sq.mtr. This has given rise to this appeal by the original claimants for enhancement.