SANTUBHAI RANCHODBHAI PATEL Vs. SPL. LAQ OFFICER

JUDGEMENT

(1.) THESE appeals are preferred under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) read with Sec. 96 of the Civil Procedure Code, 1908 against the common award made by the Reference Court (Second Extra Assistant Judge, Kheda at Nadiad) in Reference Case Nos. 134/86 to 141/86 dated 6.5.98 whereby the claimants were held entitled to get market price @ Rs.90/ - per sq.mtr. for the lands acquired for which notification was published under Sec. 4 of the Act in 1984.

(2.) THE claimants have preferred the appeals being First Appeal No. 4125/98, 4128/98, 4263/98 to 4267/98. The beneficiary, D.D.Institute of Technology preferred appeals being First Appeal No. 6281/98 to 6288/98. The State also preferred appeals being First Appeal Nos. 2078/99 to 2085/99, however, the registration has been refused and therefore the appeals preferred by the claimants as well as the beneficiary are required to be heard. These appeals are heard and disposed of by this common judgment as a common award was made by the Special Land Acquisition Officer, and the Reference Court also disposed of the same by a common award.

(3.) THE Special Land Acquisition officer's award makes it clear that the D.D.Institute of Technology, Nadiad requested the State Government for acquisition of lands for establishment of an institute for the purpose of imparting education. The lands are situated at place known as Chaklasi pati of Nadiad town. In para 5 of the award, the Special Land Acquisition officer has observed that the lands are jirayat and kyari lands. Nadiad is a taluka headquarter of Kheda district. The claimants were the owners of small parcels of land and the smallest parcel was of 607 sq.mtr. Of course, the owner has other lands also. Single individual claimant was possessing a small parcel of 1922 sq.mtr. while the only one owner was possessing 4 parcels of lands admeasuring 12545 sq.mtr. The provisions contained in Urban Land (Ceiling and Regulation) Act were not made applicable to the town of Nadiad. The lands are situated in one block only at a distance of 1.25km. from Gamtal of Nadiad. As further pointed out by the Special Land Acquisition Officer, the lands are situated slightly interior but nearer to the national highway passing through the city. We will revert to this part at a later point of time as the claimants are stating that the lands have benefits of national highway and the road touching the national highway. It is further pointed out by the Special Land Acquisition Officer that to the west of the lands, there are buildings owned by the D.D.Institute, the beneficiary herein. On the southern side, there is Mahi canal. On the eastern side, there are open agricultural lands. He has further pointed out that on the western side, after leaving the national highway, there are educational institutes viz. J&J; College and Ayurvedic college. He has also pointed out that there is a hospital on the western side. To the north of the acquired lands, there is survey no. 1044 where there is Satyam society; in survey no. 1041 there are other societies known as Kamlesh Park Society, Sardar Vallabhnagar, Laxmikunj society etc. He has specifically pointed out that to the north, east and west there is development while on the south i.e. after leaving Mahi Canal, there is no development. These are the findings recorded by Special Land Acquisition Officer. We will have to consider the evidence of the witnesses with regard to the development.