B.C.PATEL, C.J. - (1.)The present appeal is preferred under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') against the decision rendered by the Reference Court in LAC No.296/93 decided on 16.11.2004.
(2.)In the instant case, Union of India (hereafter for short referred as UOI) issued a notification under Section 4 of the Act on 23.9.68 and thereafter following the procedure as indicated in the Act, Land Acquisition Collector made an award bearing No.26/74-75 on 28.3.1975 granting compensation at the rate of Rs.4,820 and Rs.3,000/- per bigha for category A and B respectively. The reference Court awarded the compensation at the rate of Rs.20,000/- per bigha as claimed by the claimants in response to a notice under Section 9 of the Act.
(3.)Before us, learned counsel for the appellant contended that the provision contained in Section 25 of the Act as applicable on the date when the reference court made an order was required to be taken into consideration and not necessarily the date of the award made by the Land Acquisition Collector. It is further contended by learned counsel for the appellant that the legislature intended to give benefits to the land losers and therefore amended various provisions, namely, Section 23 and Section 28 of the Act. According to learned counsel, in view of the decision of this Court in case of Union of India vs. Rajiv Gupta & Others, 96(2002) DLT 225, the appellants are entitled to market rate. It is in view of this decision, learned counsel submitted that the court has considered various decisions of the Apex court in arriving at a conclusion and that there is no reason for this Division Bench to take a different view. The claimants are entitled to get the amount of compensation in accordance with the amended provision when the Reference Court considered the matter.