1. This appeal under Sec.96 of the Code of Civil Procedure has been filed by the appellant original claimant against the judgment and award dated 1022004 passed by the learned Civil Judge (S.D.), Amreli, in Land Reference Case No.162 of 2002.
2. Heard learned advocate, Mr.D.D.Vyas for the appellant and learned AGP, Mr.P.P.Banaji for the respondents.
3. It is submitted by Mr.Vyas for the appellant original claimant that the amount determined by the Reference Court is inadequate. Relying on a judgment dated 3082001 delivered by a Division Bench of this Court in First Appeal No.1504 of 2011 to First Appeal No.1505 of 2011 and allied matters, it is submitted that the claimant is entitled to get the compensation at the same rate which was granted in the aforesaid judgment and the Reference Court has committed a grave error in deducting 5% from the awarded amount for the new tenure land.
4. This Court has gone through the impugned award passed by the Reference Court together with the judgment of a Division Bench of this Court relied on by the learned advocate for the appellant.
5. It is to be noted that after considering the oral as well as documentary evidence on record, the Reference Court has passed the award which, in the opinion of this Court, is just, legal and proper and no illegality has been committed by the Reference Court requiring interference by this Court in this appeal. However, as far as deduction of 5% towards new tenure land from the awarded amount is concerned, in view of the judgment of a Division Bench of this Court referred hereinabove, the impugned award requires to be modified to the extent of deduction of 5% from the awarded amount for new tenure lands.
6. In view of the above, this appeal is partly allowed. The impugned award passed by the dated 1022004 passed by the learned Civil Judge (S.D.), Amreli, in Land Reference Case No.162 of 2002 qua ordering to deduct 5% from the awarded amount for new tenure land is quashed and set aside. The claimant is entitled to recover total amount awarded without deduction of 5% for new tenure land. The impugned award is modified to the aforesaid extent. Rest of the award passed by the Reference Court remains unaltered.
[M.D.SHAH,J.] radhan