^-. COURTFEES EXEVISTED 8Y NOTfFICATION N0.998<yD-2870/XX(- 8/C.G./05ASSPEC(FiEDJNSCHEDULE I §.II OF THE COURT FEES ACT 1870. o iNm»«t8NOH IN THE HIGH COURTOF JUDICATURE AT BILASPUR CHHATTISGARH F. A. fM) No^ /2008 APPELLANTS/ NON-APPLICANTS ^•^ •^^^- ,^.^" '^•••••" ^v ....^- f^^ State of Chhattisgarh through the Collector, Distt. Janjgir- Champa (C.G.) ^C2^ The Executive Engineer, Public y-5^y Works Department (Building & .^'" Roads),Champa, Distt. Janjgir-Champa (C.G.) RESPONDENTS/ APPLICANTS ^ A VERSUS ^: ^ . RaviKumar, aged about 16 years, S/o Madantal Chhotelat, aged about 15 years, S/o Madanlal r Natural Guardian and mother Smt. Shanti Devi, R/o Akaltara, Distt. Janjgir- Champa (C.G.) ^S^^f^ ^ APPEALUNDER SECTION52BOF~LAND ACOUISITION ACT Flrst Appeal (M) No. 25 of2008 APPELLAMTS Non-appllcants Applicants. State of Chhattisgarh & another. Versus Ravi Kumar and another APPUCATi0^1^U^DERSEC?TlpX54_OFLHE^^^ (SB: Nonsble IVIr. N.K. Aaarwal, J.) Present : Mr. G.D. Waswani. G. A. forthe State/appeliants. Mr. Vlnod Deshmukh, counsel forthe respondents. 0,.B.D.E,R (05.09,2011) 1, The flrst appeai under Sectlon 54 of the Land Acquisition Act, 1984 (In short "the Act") is directed against the order dated 27.10.2005 passed i'n IVi.J.C. No.11/2006, vvhereby ieamed Additionai Dlstrict Judge, Janjglr on a reference under Sectjon 18 (2) of the Act at the instance of respondents-land ovv'ners, has passed an avvard that the respondents-jand ovi/ner sha!l be entitled for compensation against acqujsitjon of their 0.08 acres of land @ Rs.10,540/- per dismal wjth soiatlum @ 30% and interest @ 12% per annum from 26.5.1995 on the unpaid amount of compensation. 2. Brief facts of the case are as under: Respondents' land bearing Khasra No. 132/9, 0.08 acres situated at Akaitara was acquired by Pubiic Works Department In the year 1966-57 for construction of Akaltara Changori Road. The Lsnd AcquJsltton Offjcer (in short "LAO") awarded compensation @ R3.S;209/- per dlsmal for the above iand. 3. On reference under Section 18(2) of the Act, the Reference Court, consldering djsputed land is diverted iand and simi!ar adjacent iand vv'as sold in the year 1993 @ Rs.10,540/- per declmal, a'warded compensation @ Rs.10,540/- per decimal with so!atium 30% and interest @ 12% per annum from 26.5.1985 on the enhanced amount ofcompensation. '^^ s^^s^ hr-J-1 4. Shri G.D. VVasvvani, iearned Govt. Advocate for the State/appellants, vehementiy argued that the Reference Gourt was not justified in fixlng compensation @Rs.10,540/- per declmaj by trestlng the entire 0.08 acres of !and as diverted iand. The amount of compensatjon has been arbitrariiy flxed vv'ithout there being any materiaS a'v'aiSabie on record in this regard and, therefore, the same deserves to be set aside and award of the LAO be restored. o. On the other hand, Shri Vinod Deshmukh, Jearned counsei for the respondents/ovv'ner, supported the impugned judgment and decree. 6. I have heard iearned counsei for the partles and perused the impugned judgment and decree as ajso the avv'ard passed by reference court. 7. The Reference Court having found acqulred Sand is situated amidst the residentla! accommodatlons and market'vaiue of the iand as Rs.10,540/- per declmali awarded compensation @ Rs.10,540/- per declma!. 8. On due conslderatjon of the arguments advanced by the respective partjes and perusai of the jmpugned order as aiso the evldence avsjlable on record, this Court js of the oplnlon that the Reference Court has caiculated the amount of compensation strictly on the basis of ora! and documentary evidence avajiabie on record and the same does not cali for any interference. So far as soiatium @ 30% on the awarded amount is concerned, the same is also strictiy in accordance wlth law and needs no interference. However, consldering the prevaijlng market rate at present and the provision of Section 28 of the Land Acqujsltion Act, 1984, award of Interest @ 12% per annum js excesslve and simpie interest @ 9% per annum wouid meet the ends of justice. 9. Accordingiy, the appeal is partly allowed and the impugned order Is modified to the extent that the respondents shaii be entltjed for interest @ 9% p.a., instead of 12% p.a., on the amount not paid to the respondents from 26.5.1995 ti!I the date of reailzation. 10. No order as to costs. Sd/- N.K. Agrawal Judge