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1999 Supreme(Guj) 216

Gujarat High Court
Judgename :M.R.CALLA, R.P.Dholakia
STATE OF GUJARAT - Appellant
Versus
ADMINISTRATIVE OF LALJI MAHARAJ,harisinh RAMSINH RAJ - Respondent
.
Decided On : 04/29/1999

Advocates Appeared: K.V.SHETH, P.B.BHATT, P.G.DESAI, SAURAV AMIN

Headnote:

Land Acquisition Act – Sections 4, 18 – Compensation – Contention as Reference Court has erred in awarding the interest on solatium – Contention as Reference Court has erred in deducting only 25 per cent of the value of the crop whereas it should have deducted 50 per cent towards the value of the crop in view of the observations made in the case of State of Gujarat Vs. Rama Rana reported in AIR 1997 Supreme Court 1845 – Contention as Reference Court erred in applying the multiplier of 12. 5 instead of 10 while granting the compensation – Held, Court find that these appeals must partly succeed – Impugned order passed by the Assistant Judge, as Reference Court under the Land Acquisition Act in Land Reference Cases is hereby modified only to the extent that in the operative para (ii) of the impugned order, instead of the figure Rs. 650. 00, it will be read as if it was Rs. 520. 00 per Are and the claimants will be entitled to compensation accordingly – Court, therefore, find that instead of applying the multiplier of 12. 5, the Reference Court ought to have applied the multiplier of 10 only and accordingly the market price should have been computed by multiplying the amount of Rs. 52. 00 per Are by 10 instead of Rs. 650. 00 per Are. To that extent, the impugned order deserves to be modified – Appeals Partly Allowed (Paras 7, 8)

M. R. CALLA, J.

( 1 ) THIS batch of 27 First Appeals filed by the State of Gujarat, Special Land Acquisition Officer (Narmada Project) and Executive Engineer (Narmada Project) as appellants, is directed against the order dated 10th May, 1996 passed by the Assistant Judge, Bharuch as Reference Court in Land Acquisition Reference Cases Nos. 844/88 to 846/88 (3), 848/88 to 850/88 (3), 1192/98 to 1204/88 (13), 1206/88 to 1211/88 (6) and 1213/88 to 1214/88 (2); the main Land Reference Cases being Nos. 844/88 to 846/88. The learned counsel for the appellants in all these appeals have challenged the impugned order dated 10th May, 1996 passed by the Reference Court on the following grounds: (1) The Reference Court has erred in awarding the interest on solatium; (2) The Reference Court has erred in deducting only 25 per cent of the value of the crop whereas it should have deducted 50 per cent towards the value of the crop in view of the observations made in the case of State of Gujarat Vs. Rama Rana reported in AIR 1997 Supreme Court 1845 (para 4); and (3) The Reference Court erred in applying the multiplier of 12. 5 instead of 10 while granting the compensation.

( 2 ) IT has been given out by the learned Government Pleader, Mr. P. G. Desai appearing on behalf of the appellants Nos. 1 and 2 that in these cases the land admeasuring 36 hectares 89 Are and 89 Sq. mtrs. in all was acquired. The land of the claimants is situated at Village Pakhajan, Taluka Vaghara, District Bharuch and the same was acquired for the purpose of Narmada Project. The Land Acquisition Officer passed the award on 25th January, 1988 awarding compensation at the rate of Rs. 60. 00 per Are for the acquired lands. The claimants being aggrieved from this award dated 25/01/1988 sought for the references under sec. 18 of the Land Acquisition Act before the Reference Court and the Reference Court has passed the award dated 10/05/1996 whereby the references have been partly allowed, every claimant has been held to be entitled to get the compensation a the rate of Rs. 650. 00 per Are for acquired land, every claimant has been held to be entitled to get 30 per cent solatium upon the market price, every claimant has been held to be entitled to get 12 per cent interest from the date of the notification under sec. 4 to the date of the award, every claimant has also been held to be entitled to get additional compensation from the date of the possession of the acquired land at the rate of 9 per cent interest per annum for the first year and then 15 per cent interest per annum for the subsequent years till the realisation of the amount and every claimant is held to be entitled to get proportionate costs.

( 3 ) SO far as the first ground that interest has been wrongly directed to be paid on the mount of solatium is concerned, we may straightaway point out that no such relief has been granted by the Reference Court and in absence of any relief granting interest on the amount of solatium, the challenge to the Reference Courts order on this score is absolutely misplaced and misconceived.

( 4 ) THE next ground of challenge is that only 25 per cent deduction has been made against the value of the crop towards the cultivation expenses whereas it should have been 50 per cent. In this regard, the observations made by the Supreme Court in para 4 in the case of State of Gujarat Vs. Rama Rana (supra) relied upon by the learned Government Pleader are reproduced as under:"the reference Court proceeded on the premise that there are no sale deeds exhibited for determination of the compensation. Therefore, the oral evidence was relied upon to determine the compensation, on the basis of the yield. 8 witnesses came to be examined in proof of the yield of the acquired lands. One of the witnesses was the Sarpanch of the village and his evidence was accepted. The reference Court also found that the witnesses exaggerated the yield. On that basis, it determined the market value after deducting 1/3 toward








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