PUSHPENDRA SINGH BHATI,J. - (1.) This appeal under Order 43 Rule 1 C.P.C. has been preferred claiming the following relief: 'It is, therefore, humbly prayed that the appeal of the appellant may kindly be allowed the compensation of Rs. 4000/- as value of the land and Rs. 1,28,000/- as the value of the building and the solatium @ 30% on the entire amount and interest @ 12% p.a. from the date of application till realisation of the whole amount of compensation as stated above with costs throughout. Any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be allowed.'
(2.) The facts giving rise to the present appeal are that the proceedings, for acquiring the property, namely Mohta-Badi situated at Village Parda, for the purposes of the then University of Udaipur, were initiated under the Rajasthan Land Acquisition Act, 1953, for which a notification under Section 4 of the Land Acquisition Act was also issued. In lieu of the acquisition, an award was passed by the Land Acquisition Officer, Udaipur on 29.11.1976.
(3.) The appellant owned a bungalow in 5 biswas of land and he claimed a compensation of Rs. 1,28,000/-, as cost of the bungalow, but the Land Acquisition Officer has allowed the claim only to the extent of Rs. 75,820/- alongwith 10% solatium i.e. a total compensation being Rs. 83,402/-. Thereafter, reference was made to the learned Civil Judge, Udaipur to raise the solatium from 10% to 30% and enhance the compensation to Rs. 1,17,521/- alongwith interest @ 9% per annum, thus, bringing it nearer to the claim sought.;