- (1.) These two appeals have been filed by the appellant Rajasthan State Mines and Minerals Limited, Udaipur (hereinafter referred to as the RSMML or the appellant company) under Section 54 of the Land Acquisition Act, 1894 against the judgment/ order dt.6.12.2010 passed by the learned Dist. Judge, Merta on reference u/s. 18 of the Act with respect to award of Land Acquisition Officer (SDO, Nagore) dtd.19.9.2000.
(2.) The facts giving rise to the present appeal, shorn of unnecessary details, are as under.
(3.) On 7.11.1997, the notification u/s 4 of the Act of 1894 was issued by the State Government seeking to acquire in all 7400 bighas of agricultural land of village Matasukh, Tehsil Jayal, Dist. Nagaur out of which 98 bighas and 11 biswas of land was of Khatedar Bala Ram, the respondent herein. The notification u/s 6 of the Act was issued on 16.10.1998 as also the notification under section 17(1) of the Act was issued on 16.10.1998. The said land was acquired for the appellant RSMML, a Government of Rajasthan undertaking for mining of lignite which was mineral found under the surface of said land in a survey conducted by the Central Government and the State Government around the year 1995. The total land acquired was around 7400 bighas of land comprised in villages Kasnau, Igyar and Matasukh of Dist. Nagaur. The Land Acquisition Officer - SDO, Nagaur passed the award on 19.9.2000 and on the basis of DLC rates supplied to him by the Sub-Registrar of Jayal vide letter dtd.24.12.1998 and letter dtd.17.8.2000, he passed the award on 19.9.2000 determining the compensation of the said land of various land holders. The DLC rates communicated to him for village Mata. Sukh were Rs.12100/- per bigha for irrigated land away from road/abadi area and Rs.13200/- per bigha of irrigated land near road/abadi area. Similarly, for unirrigated land, the said rates were notified to be 7370/- per bigha for land situated away from road/abadi area and Rs.7920/- per bigha near the road/abad area. For small plots/Baras, the rate of DLC communicated was Rs.55 per sq. yard. Including therein the rate for trees on said land or well if existing on said land, the rate determined by the Land Acquisition Officer in the award was worked out at Rs.12500/- per bigha for the irrigated land and Rs.7500/- for unirrigated land for the land in the said village Matasukh. Being dissatisfied with the same, certain reference applications were filed u/s 18 of the Act seeking enhancement of compensation and by the impugned judgment and order dt.6.12.2010, the learned Court below of Dist. Judge, Merta city (Sh. Surendra Mohan Sharma, RHJS) enhanced the rate of such compensation to Rs.50,000/- per bigha of land quadrupling the rate per bigha uniformally for both irrigated and unirrigated land and further directed that such enhanced rate of compensation be paid with interest @12% from 7.11.1997, date of notification u/s 4 of the Act till the date of passing of award or taking of possession whichever is earlier, after adjustment of compensation already received by the land-owners in pursuance of the award. Solatium @30% was also directed to be paid.;