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Judgment
By way of present appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908, the appellant – Gujarat State Fertilizers & Chemicals Limited, Vadodara in whose favour the land was acquired has challenged the judgment and award dated 16.7.2018 passed by the learned 14th Additional Senior Civil Judge, Vadodara in Land Acquisition Reference Case No.735 of 1997 by which the learned reference Court has awarded an amount of Rs.227.60 per sq. mtr. (i.e. additional compensation Rs.199.60 ps. per sq. mt.) with interest on the aggregate amount of acquired lands at the rate of 9% p.a. from the date of taking possession till one year and thereafter at the rate of 15% p.a. till realization. Additional compensation at the rate of 12% p.a. under Section 23(1-A) and 30% solatium under Section 23(2) of the Land Acquisition Act with interest at the rate of 9% p.a. from the date of taking over possession till one year and thereafter at the rate of 15% p.a. till realization.
The appeal came to be admitted by the Coordinate Bench vide oral order dated 1.8.2019.
The respondents – original claimants have appeared through learned advocate Mr. Chirag B. Patel.
The matter has been listed for final hearing today.
Today, learned advocate Mr. Kunal J. Vyas for Gandhi Law Associates for the appellant as well as learned advocate Mr. Chirag B. Patel for the respondent claimants have submitted that the matter has been amicably settled between the appellant company and the respondent claimants. A settlement in form of writing is recorded between the parties on 7.2.2022, which is notarized on 7.2.2022 itself. They have tendered a copy of the said notarized settlement, which is ordered to be taken on record.
5.1 They would submit that the original claimants have agreed to accept an amount of Rs.1,02,50,000/- including interest, solatium, etc. instead of the award passed by the learned reference Court at the rate of Rs. 227.60 per sq. mtr. with interest, solatium, etc.
5.2 Mr. Patel, learned advocate for the respondent original claimants, would submit that part of the amount awarded by the learned reference Court is received by the claimants, however, rest of the amount is lying with the learned reference Court and therefore, appropriate orders for disbursement of the same may be passed. Mr. Vyas, learned advocate for the appellant company would submit that he has no objection if appropriate order, as requested above, is passed.
Having considered the above aspects and the notarized settlement dated 7.2.2022, present appeal is partly allowed in terms of the settlement between the parties.
6.1 The learned reference Court is hereby directed to disburse the remaining amount to the original claimants, which has been invested in a nationalized bank.
6.2 The registry is hereby directed to forthwith sent back the Record and Proceedings to the concerned reference Court, if lying with it.
In view of disposal of main appeal, connected civil applications also stand disposed of.