LaBENCH COURTFEES EXEMPTES BY N^TIRCATION N0.9960/0-287Q/XXf- B/C.^./OS AS SPECtFIED IN S04EDULE I & II 6P THE COURT FEES ACT 1870. IN THE HI6H COURT OF JUDICATURE AT BILASPUR CHHATTISGARH F. A. fM) No. 2^ /2QQ8 APPELLANTS/ NON-APPLICANTS ^ State of Chhattisgarh through the Collector, Distt. Janjgir- Champa (C.G.) ^^y^- ^i'f-' ?-•- \ ^••}"^'/\^fw^2- The Executive Engineer, Public ^....••••..^..^•••'^^ Works Department (Building & ^A ^ ^'VI^/0^"" Roads), Champa, Distt. ^ .......l' Roads), Champa, Distt. Janjgir-Champa (C.G.) VERSUS RESPONDENT/ APPLICANT 'Pawan Kumar Mohta, aged about 45 years, S/o Late Kedarnath, R/o Akaltara, Distt. Janjgir-Champa (C.G.) ^^^^-o<i APPEALUNDER SECTIONJ^OFLAND ACOUISITION ACT H1GH^OURTOE_CHHATTSSGARH AT B!LASPUR FIrsf ADpeai (Ml No. 28 of 2008 APPELLANTS State of Chhattisgarh & snother. Non-applicants RESPONDENT Versus Pavvan Kumar IVIohta ApDilcant (SS: Hon:bie Mr. N.K. AgarwaS, J.) Present : Mr. G.D. Wasvvani, G. A. for the Stats/appelJants. Mr. Rupesh Shrivastava, counsel for the respondents. (08.09.2011) 1. The flrst appes! under Section 54 of the Land Acqulsition Act, 1984 (In short "the Act") is directed against the order dated 27.10.2006 passed in M.J.C. No. 13/2006, vvhereby Searned Additiona! District Judge, Janjgjr on a reference under Section 18 (2) of the Act at the instarsce of respondents-iand owners, has passed an av</ard that the respondents-iand owner sha!i be entitied for compensstion agalnst acqulsition of their 0.26 acres of !and @ Rs.10,540/- per dlsmal vvith solatjum @ 30% and interest @ 12% per annum from 26.5.1995 on the unpaid amount of compensation. 2. Brief facts ofthe case are as under: Respondents' ?and bearing Khasra No. 181/9, 0.26 acres situated at Akaltara was acqulred by Publlc Works Department In the year 1966-67 for construction of Akaitara Changori Road. The Land Acquisjtion Offlcer (in short "LAO") awarded compensati'on Rs.6,209/- per dlsmaS for the above iand. 3. On reference under Sectlon 18(2) of the Act, the Reference Court, considering disputed iand i's diverted iand and simjlar adjacent jand was soid in the year 1993 @ Rs.10,540/- per decimal, avvarded compensatlon @ Rs.10,540/- per decimal wlth solatium 30% and interest @ 12% per annum from 26.5.1995 on the enhanced amount ofcompensation. ,^^;^;F^... ..^' ^u^^ ?^^,, I. ?^^1.1 :^y 4. Shri G.D. Wasvv'ani, iearned Govt. Advocate for the State/appeliants, vehementjy argued that the Reference Court was not justlfled in flxlng compensation @Rs.10,540/- per decimaj by treating the entlre 0.26 acres of Sand as dlverted iand. Ths amount of compensatlon has been arbitrariiy fixed wjthout there being any msteria! avaiiabie on record In this regard and, therefore, the same deserves to be set aside and award of the LAO be restored. 5. On the other hand, Shri Vinod Deshmukh, iearned counsei for the respondents/owner. supported the impugned judgment and decree. 6. I have heard iearned counsei for the parties and perused the Impugned judgment and decree as aiso the award passed by reference court. 7. The Reference Court having found acqulred iand, is sjtuated amidst the residential 8ccommod9tions and market vaiue of the land as Rs.10,540/- per o'ecjmal, avv'arded compensation @ Rs.10,540/- per declms!, 8. On due consideration of the arguments advanced by the respective partles and perusal of the impugned order as aiso the evidence avaliabis on record, this Court Is of the opinlon that the Reference Court has caicuiated the amount of compensation strictly on the basis of orai and documentar/ evidence avaljable on record and the same does not ca!l for any interference. So far as soiatjum 30% on the awarded amount is concerned, ths same Is siso strictiy in accordance vvith iaw and needs no interference. Hovvever, considering the prevailing market rate at present and the provision of Section 28 of the Land Acquisition Act, 1984, award of interest @ 12% per annum is excessive and simpie interest @ 9% per annum vvoutd meet the ends of justice. 9. Accordingly, the appeaj Is partly aliowed and the impugned order js modifled to the extent that the respondents shai! be entitled for Interest @ 9% p.a., jnstead of 12% p.a., on the amounf not paid to the respondents from 26.5.1995 tijj the date of i-ealizatjon. 10. No ordsr as to costs. SdA 1 N.K.AgrawaJ Judge