Compensation for land acquisition must consider legal principles of escalation and delay, leading to justified adjustments based on precedents in similar cases.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant – original claimant under Section 54 of the LAND ACQUISITION ACT , 1894 (hereinafter be referred to as “the Act”) read with Section 96 of the Code of CIVIL PROCEDURE CODE , 1908 challenging the judgment and award dated 05.06.2008 passed by the learned Principal Senior Civil Judge, Bharuch (hereinafter be referred to as “the Reference Court”) in Land Acquisition Reference No.204 of 1988, whereby, the Reference Court has awarded Rs.1.75 per square meter, over-and-above the amount awarded by the Special Land Acquisition Officer which comes Rs.2.25 per square meter.

2. For the purpose of development of Lignite Mining, the respondents herein acquired the lands of the appellant – original claimant situated at Village: Amod, Taluka: Zagadia, District: Bharuch. A notification under Section 4 of the LAND ACQUISITION ACT was issued on 11.07.1986 and declaration under Section 6 of the Act was published on 10.04.1987. An amount of Rs.1277.63ps. per Are was demanded by the appellant, but the Special Land Acquisition Officer awarded Rs.50/- per Are by passing an award dated 30.05.1987.

2.1 Being aggrieved, the appellant – original claimant, preferred the aforesaid LAR Case under Section 18 of the Act for additional compensation of Rs.1277.63ps. per Are. After service of summons, the respondent Nos.1 and 2 had filed their written statements at Exh.-8 and respondent No.3 had filed written statement at Exh.-19 contending that the reference filed by the claimant is not legal and proper and barred by law of limitation and the award passed by the Special Land Acquisition Officer is legal and proper.

2.2 After considering the pleadings of both the sides, the Reference Court had framed the following issues :

(1) Whether the claimant is entitled to the additional compensation as prayed?

(2) If yes, what amount?

(3) What order?

2.3 That, the issues were replied by the Reference Court in para-8. To prove the case, the claimant had produced following oral as well as documentary evidence :

2.5 After considering the oral as well as documentary evidence led by both the sides, the judgment and award dated 05.06.2008 came to be passed by the learned Principal Senior Civil Judge, Bharuch, whereby, the Reference Court has awarded Rs.1.75/- per square meter, over-and-above the amount awarded by the Special Land Acquisition. This has aggrieved the appellant, has preferred the present appeal raising various grounds.

4. Heard Mr.K. M. Sheth, learned counsel appearing for the appellant, Ms.Roshni Patel, learned Assistant Government Pleader appearing for respondent Nos.1 and 2 and Mr.K.M. Patel, learned senior counsel assisted by Mr.Varun K. Patel, learned counsel appearing for respondent No.3-Gujarat Mineral Development Corporation.

5. Mr.Sheth, learned counsel has submitted the same facts which are narrated in the memo of appeal. He has relied upon the decision