SPECIAL LAND ACQUISITION OFFICER Vs. MOTIBHAI MOHAN BHAI

JUDGEMENT

(1.) Since this batch of 23 appeals under Sec. 54 of the Land Acquisition Act, 1894 ('the Act') arises out of common judgment and award and raises identical questions, and upon joint request, these appeals are being disposed of by this common judgment.

(2.) Pursuant to the preliminary notification under Sec. 4 (1) of the Act published in Government gazette on 16.8.1990 for the purpose of branch canal for Narmada project, agricultural lands of villages Kelod of Bharuch district came to be acquired followed by notification under Sec. 6 published on 27.12.1990. The Land Acquisition Officer offered an amount of Rs. 180/- per Are by way of compensation by his order and award dated 27.6.1991 which was not acceptable to the respondent-original claimants, as a result of which a Reference under Sec. 18 of the Act came to be made at the instance of the respondents before the District Court at Bharuch. Out of Land Reference Case Nos. 374/92 to 393/92 and 11 to 13/95 which came to be decided by the learned Assistant Judge, Bharuch by common judgment and award dated 26.6.1996, the aforesaid, Land Reference cases were partly allowed. The Reference Court held that the claimants are entitled to get compensation at the rate of Rs. 680/- per Are for the acquired lands. In view of the facts and circumstances and the evidence on record, the Reference Court allowed the aforesaid References partly and held that (i) every claimant is entitled to get additional compensation at the rate of Rs. 500/- per Are for the entire land; (ii) every claimant is entitled to get solatium at the rate of 30% on the market value under Sec. 23 (2) of the Act; (iii) every claimant is entitled to get 12% interest per annum from the date of publication of the notification under Sec. 4 of the Act till date of (he award; (iv) every claimant is eligible to get additional compensation from the date of possession of acquired lands at the rate of 9% interest for the first year and thereafter 15% for subsequent year, till payment of compensation. Being aggrieved by the common judgment and award of the Reference Court, the Special Land Acquisition Officer, Bharuch has preferred 23 appeals invoking aid of provisions of Sec. 54 of the Act.

(3.) The challenge is against the common award granting additional compensation to the claimants. The only question which is raised for consideration and adjudication in this entire batch of appeals is whether the award of additional amount passed by the District Court is excessive and requires our interference exercising our power under Sec. 54 of the Act.