Vineet Kothari, J. - (1.) THESE appeals have been filed by the State being aggrieved by the order passed by the Reference Court of Addl. District Judge, Bhadra District Hanumangarh on 18/10/2012 in the land acquisition matter. The reference was made against the order dated 27/6/2001 of the Land Acquisition Officer, Nohar in respect of land acquired for construction of Meghana distributory canal under the Sidhmukh Canal Project in village Nuawa. The Land Acquisition Officer had awarded compensation under the provisions of the Land Acquisition Act, 1894 @ Rs. 13,500/ - per bigha, whereas, the Reference Court has enhanced the said compensation from Rs. 13,500/ - per bigha to Rs. 35,000/ - per bigha. The said order is assailed in the present set of appeals.
(2.) THE connected appeals for the same project of different village have been dismissed by this Court vide order dated 5/5/2015 passed in SBCMA No. 646/2013 - State of Rajasthan v. Ramjilal & other connected matters in the following terms: - - "3. The respondents/land -holders have not filed any cross appeal for further enhancement of the compensation @ Rs. 21,000/ - per Bigha for the acquisition in question. The acquisition was directed vide the Notification under Section 4 of the Land Acquisition Act on 15.04.1991 in village, Ajeetpura, Tehsil: Bhadra. The sale -deeds produced by the land holders were of village Suratpura for which the rate was fixed at Rs. 20,000/ - per Bigha in the said village. 4. Mr. S.M. Toshniwal, Addl. Govt. Counsel, appearing for the appellant -State submitted that the learned court below has erred in enhancing the compensation as the same is on excessive side and, therefore, the present appeals of the State deserve to be allowed. 5. Per contra, learned counsel for the respondent (land holders) submitted that the enhancement is based on relevant evidence for the sale -deeds executed in the nearby villages and even of the same village and he relied upon the judgment of Hon'ble Apex Court in the case of General Manager, Oil & Natural Gas v. Rameshbhai Jivanbhai Patel & Anr. reported in : 2008 DNJ (SC) 908 and in the case of Mahesh Dattatray Thirthkar v. State of Maharashtra reported in : 2009 DNJ (SC) 815 and submitted that the judgment and order passed by the learned court below calls for no interference by this Court in the present appeals filed by the State. 6. Having heard the learned counsel for the parties, this Court is satisfied that the enhancement given by the learned trial court enhancing the compensation from Rs. 18,000/ - to Rs. 21,000/ - per Bigha is perfectly justified, which is based on relevant evidence adduced by the land -holders and no contra evidence was every produced by the appellant to take different view of the matter. 7. In this view of the matter, the present civil misc. appeals of the State, are found to be bereft of any force and the same hereby dismissed with no orders as to costs. A copy of this order be sent to the concerned parties and the court below forthwith. Sd/ -(Dr. VINEET KOTHARI), J." In the present set of appeals also the enhancement of compensation from Rs. 13,500/ - per bigha to Rs. 35,000/ - per bigha, which is based on relevant evidence & sale deeds of the nearby villages, does not call for any interference by this court. However, learned counsel for the appellant State submitted that the interest awarded on the enhanced amount has been given from the date of the award passed by the learned Land Acquisition Officer in 2001 on 27/6/2001, whereas, such simple interest @ 9% p.a. for a period of one year from the date of award and, thereafter, enhanced simple interest @ 15% p.a. should have been awarded by the learned Reference Court w.e.f. the date the order has been passed by it i.e. from 18/10/2012. Learned counsel Mr. S.M. Toshniwal relied upon the proviso to Section 34 of the Land Acquisition Act, 1894 for this argument. The said proviso reads as under: - - "Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry."
(3.) LEARNED counsel appearing for the respondent -land holders supported the impugned order dated 18/10/2012 and submitted that the same does not call for any interference by this Court in the present appeals filed by the State.;