Mahesh Chandra Sharma, J. - (1.) - This misc. appeal has been filed by the appellant under Section 54 of the Land Acquisition Act, against the order and decree dated 3.12.99 passed by Civil Judge ( Senior Division) Jaipur District Jaipur in Ref. Application No. 32/87 whereby the reference of respondent claimant and others was accepted and amount of compensation was enhanced.
(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) Brief facts of the case are that the State of Rajasthan issued a Notification on 30.4.85 under section 4 (1) of the Rajasthan land Revenue Act, 1953 to the effect that it is necessary to acquire the land measuring 207 bighas and 17 biswas which includes the land of Khasra No. 2 situated in village Damodarpura, Tehsil Bassi for the purpose of laying down 400 KV Electricity Sub Station by National Thermal Power Corporation of India. In pursuance thereof the State of Rajasthan through Department of Energy issued a Notification dated 1.7.85 u/s 6 and 17(4) of the Rajasthan Land Acquisition Act, 1953. The said Notification was published in Rajasthan Rajpatra dated 3.7.85. Notices under sections 9(1) and 9 (3) of the said Act were also issued. After service of the notice to the affected persons and after public notice of the intention of State Government to take possession of land, the possessions of the part of the land under acquisition was taken on spot on 8.8.85 by the Superintending Engineer (Transmission) NTPC, Jaipur. The notices under section 9 (1) of the Act was issued to the claimants. The claimants filed their claims before the Land Acquisition Officer. The respondents herein submitted their claim with regard to Khasra No. 2 measuring 3 bighas and 11 biswas. The Land Acquisition Officer gave proper opportunity of hearing to all the parties. The report regarding market value of the land was also called from the concerned Tehsildar. The Land Acquisition Officer on 17.3.86 gave an award. The compensation was ordered to be paid @ 10,000/- per bigha for irrigated land and Rs. 9000/- per bigha for barani land. The compenstion was also fixed for well, structures, trees etc. The total amount of compensation for the land of respondent comes to Rs. 35,860/-. The amount of compensation was paid by draft No. 346103 dated 9.9.86 for Rs. 31,950 and DD No. 870212 dated 9.9.86 for Rs. 3970/-. The claimant non- petitioner submitted an application before the Land Acquisition Officer for making reference against the award dated 17.3.86. Ref. No. 32/87 was filed by Phool Singh and others on 13.10.86. The Land Acquisition Officer sent the Reference to the Civil Judge, Jaipur District Jaipur. The Civil Judge, Jaipur District Jaipur registered the reference and gave notice to the concerned parties. The representatives of the Department submitted their replies to the reference on 4.11.95. Issues were framed on 12.7.96. On 3.12.99 after hearing the parties the Civil Judge Jaipur District passed the award as required by Order 20 Rule 1 CPC. It was held that the claimant is entitled to compensation of the land @ Rs. 13000 per bigha for irrigated land and Rs. 12000 per bigha for barani land. It was also directed that the claimant is entitled to additional compensation @ 12 % from the date of Notification to the date of taking possession under Section 23 A of the Land Acquisition Act. Solatium @ 30% was also granted to the claimant. It was also directed that the claimant is entitled to interest @ 9% from the date of taking possession till the end of a year and thereafter up till the date of deposit the amount of compensation in court interest @ 15%. Compension for the trees was also awarded. The claimants were allowed cost of Rs. 2,000/-. In these circumstances against the order of the Civil Judge, the appellant NTPC filed the present appeal.;