SPECIAL LAND ACQUISITION OFFICER Vs. KISHORBHAI JIBHAIBHAI

JUDGEMENT

(1.) Since common questions of facts and law are involved in this group of 72 appeals under Section 54 of the Land Acquisition Act, 1894 (Act), they are being determined and adjudicated upon by a common judgment.

(2.) This group of appeals at the instance of the State authority and the Special Land Acquisition Officer, Narmada Project is against the common judgment and awards recorded by the Reference Court, Kehda at Nadiad u/S. 18 of the Act on 6/3/1998 in the Land References group Cases No. 1936 of 1994 and allied matters, whereby the total market price of the agricultural land of village Aambaliyara, Taluka Kapadwanj, District Kheda, came to be decided at the rate of Rs.1500.00 per Are and other statutory benefits to the respondents - original claimants - owners of the lands acquired by virtue of six notifications. The factual profile highlighted here under alongwith the date of award and amount of compensation offered by the Land Acquisition Officer for the acquisition of lands for the purpose of main canal of Narmada project, which has as such attracted global attention in view of its size, utility and controversy :- @@@ ------------------------------------------------------ No. LAR Date of Date Amount Amount No. u/S.4 of ------------- claimed Noti. award Irri/Non-Irri. -------------- Rs. Rs. Rs. --------------------------------------------------------- 20/90 2405 9/5/90 29/3/93 300 200 10,000 to 2412 of 1994 50/90 1927 22/6/90 13/8/93 300 200 10,000 to 1936 of 1994 60/90 1954 23/8/90 4/10/93 300 200 10,000 to 1969 of 1994 73/90 1912 19/10/90 1/10/93 300 200 10,000 to 1925 of 1994 87/90 1937 1/8/90 24/8/93 300 200 10,000 2061 to 2070 of 1994 80/90 1938 1/8/90 24/8/93 300 200 10,000 to 1949 of 1994. ---------------------------------------------------------

(3.) Appellant No. 1 - original respondent - Special Land Acquisition Officer, Narmada Project for main canal, pursuant to the aforesaid notifications acquired irrigated and non-irrigated lands for the aforesaid purpose after observing necessary statutory procedure and offered common amount at the rate of Rs.300.00 for irrigated lands and at the rate of Rs.200.00 for non-irrigated lands in entire group of 72 matters u/S. 11 of the Act. Being dissatisfied by the said amount of award, the original claimants - owners of the lands, desired for references and accordingly references at their instance came to be made u/S. 18 of the Act, claiming an amount of Rs. 10,000.00 per Are. The claimants relied on the evidence of claimant Vithalbhai Kishorbhai Patel at Exh. 16 and also placed reliance on the following documentary evidence :-