C.M.LODHA, C.J. - (1.) THIS appeal under Section 54 of the Rajasthan Land Acquisition Act, 1953, thereinafter referred to as 'the Act') has been filed by the claimant, Hans Raj against the award and decree dated October 31, 1969, In Land Acquisition Reference No. 3 of 1968 by the Civil Judge, Jaipur City.
(2.) PROCEEDINGS for acquisition of land in village Bhojpura and Chak Sudershanpura for planned development of Jaipur City were initiated at the Instance of Secretary, Urban Improvement Board, Jaipur, and the Government of Rajasthan issued notification dated May 13, 1960, under Section 4 of the Act, published in the Rajasthan Rajpatra dated June 9, 1960, After taking further steps as prescribed under the Act, notification under Section 6 dated May 3, 1961, was also published in the Rajasthan Rajpatra dated May 11, 1961. The total area of the land notified under Sections 4 and 6 was 552 Bighas and 8 Biswas. Notice under Section 9(3) of the Act was duly served on the claimant Hans Raj on July 17, 196l. The claimant submitted the details of his claim on April 10, 1962, though the possession of the land has been taken over by the State or, August 10, 1961, He claimed compensation at the rate of Rs. 15/ - per Sq. Yd in respect of 15 Bighas 19 Biswas of land belonging to him. In all he made a claim for Rs. 11,22,675/ -. The Land Acquisition Officer, how ever by his order dated April 5, 1963, gave his award as follows: 1. Value of the land measuring 15 Bighas 19 Biswas at Rs. 350/ - per Bigha. Rs. 5,582.50 2. Value of the structures, well, Dola etc. Rs. 5,761.60 3. An addition of 10 percent over the value of the structures, well, Dola and trees i. e., over Rs. 5. 76160/ -, Rs. 30/ -, Rs. 579.16 4. Interest at 4 percent per annum on the amount of compensation for land, Dolas and trees from August 10, 1961 upto April 5, 1963. Rs. 422.67 Total Rs. 12,375.93p. Dissatisfied with the award made by the learned Acquisition Officer, the claimant got a reference made under Section 18 of the Act to the Civil Judge, Jaipur City, who by his judgment and decree dated October 31, 1669, modified the award as below: 1. Value of the land measuring 15 Bighas and 19 Biswas at the rate of Rs. 1, 500/ - per Bigha, 23925.00 2. Value of structures, well, Dola etc. 5761.60 3. Value of trees 30.00 4. An addition of 10 percent over the value of structure, well, Dola trees etc. 579 16 Total 30,296 76
(3.) THE claimant was, however, not satisfied with the award made by the Civil Judge, Jaipur City, and has consequently filed the appeal to this Court.;