BHOTHAJI SURSANGJI THAKOR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These appeals are preferred by the claimants against the common award rendered by the Extra Assistant Judge, Mehsana in Land Reference Case Nos. 1798/96 to 1807/96 on 10.1.01, awarding the compensation for the lands to the claimants at the rate of Rs.17.00 per sq.mtrs. inclusive of the compensation already awarded by the Special Land Acquisition Officer. The relevant record is supplied by the claimants.

(2.) Notification under Sec. 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published on 20.2.92 for acquiring the lands of the claimants. After following the procedure, notification under Sec. 6 of the Act was published on 15.9.92. Thereafter, the Land Acquisition Officer by a common award dated 6.3.94 held that the claimants are entitled to get compensation at the rate of Rs.2.40ps. per sq.mtr. for non-irrigated lands and at the rate of Rs.3.60ps. per sq.mtr. for irrigated lands. The claimants, being aggrieved, sought references and ultimately the references were placed before the Extra Assistant Judge, Mehsana, who disposed of the same by a common award. The claimants, being aggrieved by the aforesaid award, preferred these appeals claiming the compensation at the rate of Rs.70.00 per sq.mtr. The Special Land Acquisition Officer in his award has indicated in para 5 that the lands are jirayat i.e. irrigated and the crops of Millet, Castor, Tuver, Till etc. are taken. There is facility of irrigation. It is also pointed out in the award by the Land Acquisition officer that at the distance of 12 km. there is Gandhinagar-Sarkhej highway.

(3.) Yatinbhai Pramukhbhai Patel was examined on behalf of the applicants. He was cultivating the lands covered under Land Reference Case Nos. 1802/96, 1804/96 and 1805/96. He has stated that his lands and the lands of other agriculturists are adjoining to each other. The lands are good and fertile lands. The village is situated on Sanand-Kalol State highway. He has referred about the facilities such as telephone, school, post-office etc. available at the village. He has also stated that before the lands were acquired, he was cultivating Wheat, Bajra, Cotton etc. He has produced 7/12 forms issued by Talati vide exh. 10 to 22. In his evidence, he has referred that near-by the village, there is one Laboratory, Prakruti Residential Plot, Nikita Farm and Narmada Deep Village. He has also stated that the lands acquired for Modern Teriwool Factory is situated at a distance of about 4 km. from the village. He has also pointed out in his evidence that villages Garodia, Sola and Gota are nearby villages. He has pointed out that the distance between Gota to Unali, the village where the lands are situated, is about 8 km. He has stated that the High Court is at a distance of 8 km. from the lands. He has denied the suggestion made by the learned A.G.P. that there is no facility of irrigation. He has also denied the suggestion that the fertility of the land is not of high quality. He has also denied the suggestion that certain lands are non-irrigated (though no details have been put to the witness). In cross-examination, he has stated that Kalol is situated at a distance of 8 km. from village Unali. It is required to be noted that Kalol is an industrial town having number of factories.