Leave to amend. This application is filed praying for quashing and setting aside the order dated 18.1.2008 passed by the learned Civil Judge (S.D.), Surendranagar below Exh.43 in Consolidated Land Reference Case Nos.49 of 2001 and 50 of 2001.
The facts leading to filing of this revision application are such that the petitioners’ land bearing revenue survey no.705/1 paiki admeasuring about hectare 2-04-31 sq.mtrs., in village Vitthalgadh (Ta.Lakhtar) was acquired for construction of Narmada Branch Canal and the Special Land Acquisition Officer passed award in L.A.Q.No.17 of 1997 on 25.1.1999 and determined the compensation of Rs.9500/- per Hectare with 12% interest and with solatium. Being aggrieved by the same, the claimants preferred reference before the District Court, Surendranagar which was registered as Reference Case No.49 of 2001. The same was heard along with Land Reference Case No.50 of 2001 and the learned 3rd Additional Senior Civil Judge, Surendranagar partly allowed the references by judgment dated 27.9.2007, whereby it was ordered that the applicants are entitled to get the amount of Rs.7/- for their non-irrigated lands, per Sq.mtr., as an additional compensation over and above the compensation already awarded by the Special Land Acquisition Officer together with 30% solatium and running interest @9% p.a. for the period of one year from the date of taking over the possession of the acquired lands and thereafter @15% p.a. till the entire amount is fully paid or deposited. It was also ordered that the applicants are entitled to get increase i.e. price escalation @10% p.a. from the date of publication of the notification under Section 4 (1) of the Act till the date of award passed by the Special Land Acquisition Officer. It was also held that the applicants are entitled to get interest @12% p.a. on solatium from the date of publication of notification u/s 4(1) of the Act till the date of award passed by the Special Land Acquisition Officer. The decree was ordered to be drawn accordingly.
After pronouncement of the judgment, the applicants preferred applications under Sections 151 and 152 of the Civil Procedure Code in both the references before the trial Court vide Exh.43. The said applications were rejected vide order dated 18.1.2008. Hence this revision application.
Heard learned advocate for the applicants and learned AGP for the State.
Learned advocate for the applicants submits that the learned trial Court has not considered the price of the lands of other adjoining villages and various judgments of this Hon’ble High Court and committed error in awarding the compensation. He further submits that the trial Court has committed error of computation by considering Rs.2.85 ps. instead of 0.95 ps. as awarded by the Special Land Acquisition Officer. He also submits that the trial Court has committed error in rejecting the application at Exh.43. He therefore prayed to allow this revision application.
Learned AGP submits that the impugned judgment and award is just and proper and after giving all the reasons, the reference Court has passed the said award. However, he fairly submits that there is an error or calculation of the amount inasmuch as the Reference Court has considered Rs.2.85 ps. compensation as awarded by the Special Land Acquisition Officer but the Special Land Acquisition Officer has awarded Rs.0.95 ps. per sq.mtr. He, therefore, prayed that the award may be modified to the aforesaid extent.
Heard learned advocates for the parties and perused the papers. The impugned judgment and award is just and proper and passed after considering all the aspects and need not be interfered with by this Court. However, there is an error in computation of amount of compensation on page no.9 of the impugned award, whereby the learned Judge has discussed that the applicants are entitled to get Rs.9.75 ps. per sq.mtr. as per the judgment of this Court in the case of Executive Engineer, Narmada Canal V/s Thakor Pradhanji reported in 2007(2) GLR 1678, out of which Rs.2.85 per sq.mtr. is already awarded by the Special Land Acquisition Officer, which is error committed by the Reference Court as the correct amount awarded by the Special Land Acquisition Officer is Rs.0.95 per. sq.mtr. So, the calculation will be 9.75 per sq.mtr. - 0.95 per sq.mtr. which comes to Rs.8.80 ps. out of which Rs.7.00 is already awarded by the reference Court and therefore the applicants are further entitled to get Rs.1.80 per sq.mtr.
In view of the above, this application is partly allowed. The applicants-original claimants are entitled to get Rs.1.80 ps. per sq.mtr. in addition to the award passed by the Special Land Acquisition Officer instead of Rs.7.00 per sq.mtr. as awarded by the Reference Court. The impugned judgment and award is modified to the aforesaid extent. Bill of costs be drawn accordingly. Rest of the judgment remains unaltered.
(M.D.SHAH, J.) Srilatha