- (1.) Instant intra-court appeals have been filed by appellant-State assailing judgment of learned Single Judge dt.10.04.2012 directing the authorities to release additional compensation as determined in terms of order dt.07.04.2011 passed by the Land Acquisition Officer to be paid to the petitioners within three months as the matter relates to acquisition of 1982.
(2.) As it reveals from the record that the notification dt.04.02.1982 was issued U/s 4(1) of Land Acquisition Act,1953 ("Act,1953") and the appropriate authority sought to acquire the land ad-measuring 1887 bighas 10 biswas located in Tehsil Jaipur. The notification U/s 4(1) was followed with notification dt.16.02.1982 U/s 6 read with Sec.17(1) of the Act,1953 and indisputably possession was taken over from the khatedars on 28.08.1982 and the Land Acquisition Officer passed Award dt.12.08.1983 and computed compensation U/s 23 (2) of the Act,1953 @ Rs.12000/- per bigha with solatium @ 10% and interest @ 4% per annum to be paid from the date of taking possession till the date of actual payment to the khatedars/land owners for the part of their land being acquired by the State Government for public purpose.
(3.) Some of the khatedars/land owners whose land was acquired under the Award dt.12.08.1983 including one Ghasi submitted application U/s 18 of the Act,1953 to the District Collector requesting him to make a reference to the competent civil court for enhancement of compensation as they were dissatisfied with the compensation determined under the Award dt.12.08.1983. However, reference made by one of the khatedar Ghasi filed before the Civil Court was numbered as Reference Land Acquisition-47/1984 and the said reference was decided by the competent court of jurisdiction on 27.03.1992 whereunder the compensation for the land acquired from Ghasi was enhanced from Rs.12000/- to Rs.24000/- per bigha with solatium @ 30% and further interest @ 12% per annum to be paid from the date of Sec.4(1) notification dt.04.02.1982 till the date of taking possession i.e. 28.08.1992 with further interest @ 9% per annum for the first year commencing from 28.08.1992 and thereafter @ 15% per annum till the actual payment of the enhanced compensation.;