GOVINDJI MANAJI Vs. SPECIAL LAND ACQUISITION OFFCER

JUDGEMENT

(1.) These appeals are preferred by the original claimants under Sec. 54 of the Land Acquisition Act (hereinafter to be referred to as "the Act") read with Sec. 96 of Code of Civil Procedure, 1908 against the award made by the Reference Court namely Assistant Judge, Mehsana in Land Acquisition Reference Case Nos. 1253/92 to 1262/92 on 27th April, 1998, awarding compensation at the rate of Rs. 271- per sq. mt. over and above the compensation already awarded by the Special Land Acquisition Officer. Thus, the claimants were held entitled to claim Rs. 30/- per sq. mt.

(2.) The lands situated at village Sabaspur, Taluka Kadi, District - Mehsana were acquired for Narmada Main Canal Project under the Act. Notification under Sec. 4 of the Act was published in the Government Gazette on 19.5.1990. After following the procedure laid down in the Act, the Special Land Acquisition Officer offered compensation at the rate of Rs. 3/- per sq. mt. to the claimants by his award dated 29.6.1991. Being aggrieved, the claimants sought Reference under Sec. 18 of the Act and hence, the Reference Court was required to determine the market price of the lands.

(3.) Record and proceedings reveal that the lands are agricultural lands. The agriculturists used to take three crops in a year. The evidence with regard to yield is given by giving details claiming that after deducting the expenses per Vigha, the agriculturist would earn Rs. 30,000/- per year. About the facilities provided to the village and nearabout industrial development, witness Gamaji Ambaram Thakor Exh. 12 has pointed out that industrial town of Kalol is at a distance of about 7 kms. which is headquarter of the taluka. It is pointed out by him that people are getting ST Bus facilities, asphalt roads are provided connecting Ahmedabad and Kadi. Nearby villages, there are industrial establishments and residential quarters. Arvind Mill is situated at about 2 and half kms. There are factories in the village itself such as Colgate Palmolive, etc. Ahmedabad city is at a distance of 8 kms. Ahmedabad-Sarkhej Highway is at a distance of 6 kms. Not only that but witness has pointed out that the High Court of Gujarat, Nirma Institute, Civil Hospital, Swaminarayan Gurukul Vishwa Vidhyapith, etc. are situated at a distance of 6 to 7 kms. The agricultural lands are converted into farms. The witness has also pointed out that Borisana and Saij are nearby villages. The lands situated at village Saij and Borisana are equal in fertility.