SPECIAL LAND ACQUISITION OFFICER Vs. SHANAJI AMBARAM THAKORE

JUDGEMENT

(1.) In this group of 23 appeals, under section 54 of the Land Acquisition Act, 1894 (Act), arising out of Land Acquisition Reference Nos.555 to 568 of 1995 and 1271 to 1279 of 1995, the appellants, acquisition authorities, have assailed the common judgment and resultant awards recorded by the learned Assistant Judge, Mehsana, on February 29, 2000, whereby, the respondents, original claimants are awarded market price for the acquired lands at the rate of Rs.70 per sq. mtr. over and above the statutory benefits, on the main premise that the assessment and fixity of market price by the reference Court is excessive and therefore, not in terms of the provisions of section 23 of the Act.

(2.) With a view to appreciating the merits of this group of appeals and challenge by the original claimants, let us, first, have the relevant and material factual profile. Pursuant to the notifications under section 4(1) of the Act, dated 28.8.91 and 19.9.91 in LAQ Case No.8/91 and 33/91 respectively, followed by notifications under section 6(1), dated 2.7.92 and 30.4.92 respectively, the appellant No.1, Land Acquisition Officer, acquired the lands situated in the sim of village Vadsar, Taluka Kalol for the purpose of Narmada Canal Project and offered an amount of Rs.3.60 per sq. mtr. for irrigated lands and Rs.2.40 per sq. mtr. for non-irrigated lands by his two awards, dated 31.1.94 (LAQ Case No.8/91) and 25.3.94 (LAQ Case No.33/91) under section 11 of the Act. Thus, the Land Acquisition Officer by virtue of his award fixed market value of the acquired land at Rs.3.60 per sq. mtr for irrigated land and Rs.2.40 per sq. mtr. for non-irrigated land against the claim of Rs.100 per sq. mtr. of the claimants. Obviously, therefore, the respondents, original claimants, and owners of the lands sought reference under section 18(1) of the Act. The Collector concerned made references to the District Court, Mehsana. The references came to be decided by the District Court by the common judgment and awards dated 29.2.2000, whereby, the reference Court enhanced the market value and assessed and fixed at Rs.70 per sq. mtr. for both kinds of lands, against the claim of Rs.100 per sq. mtr. Hence, this group of 23 appeals under the provisions of section 54 of the Act, at the instance of the acquisition authority challenging the common judgment and award of the reference Court.

(3.) The parties relied on the following documentary and oral evidence, which is highlighted in the following tabular form: Ex.Nos. Nature of evidence ---------------------------------------------------------