POPATBHAI FULABHAI Vs. SPL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) First Appeal Nos. 94 to 96 of 1994 arise out of common judgment and award rendered by Assistant Judge, Mehsana on 29.4.1993 in Land Reference Case Nos. 498 to 500 of 1990. First Appeal No. 102 to 106 of 1994 arise out of the common judgment and award rendered by Assistant Judge, Mehsana on 28.4.1993 in Land Reference Case Nos. 504 to 508 of 1990. For the sake of convenience, First Appeal No. 94 to 96 of 1994 shall be herein after referred to as first group of appeals and First Appeal Nos. 102 to 106 of 1994 shall be herein after referred to in this judgment as second group of appeals. Since both these groups of appeals involved common question of law, with the consent of both the sides, all these 8 (eight) appeals which are included in both these groups are heard together and are being disposed by this common judgment.

(2.) So far as the first group of appeals which arise out of impugned judgment and award rendered in reference Case No. 498 to 500 of 1990 is concerned, the Notification under Section 4 of the Land Acquisition Act (for short 'the Act') was published on 5th January, 1984 and the Notification under Section 6 of the Act was published on 12.6.1986. Inquiry was conducted by Special Land Acquisition Officer and by award under Section 11 of the Act, the Special Land Acquisition Officer offered Rs. 2 per Sq. Mtr., for the lands of the claimants which were situated in the outskirts of village: Kasanpura, Tal. Kadi, District: Mehsana. The Appellants-claimants felt that amount offered by the Special Land Acquisition Officer was very less and meager. They preferred references and the reference Court registered the reference cases as Reference Case Nos. 498 to 500 of 1990 and the Appellants claimed the compensation of their lands acquired @ Rs. 20 per sq.mtr. Before reference Court, the evidence of one of the Appellants-claimants, namely, Vasudevbhai Narayanbhai came to be recorded. During the course of his evidence, he produced certain extracts of revenue records of the lands as well as produced bills showing sale of his crops at Exh.19 and Exh.20. The Appellants-claimants also relied upon earlier award of the reference Court which came to be passed pursuant to the temporary acquisition of the same lands in Land Reference Case Nos. 235 to 239 of 1984 and the certified copy of the said award was produced at Exh.17. So far as opponent side is concerned, no oral or documentary evidence came to be produced by the opponent before the reference Court.

(3.) So far as the second group of appeals which arise out of impugned judgment and award rendered by the reference Court in Land Reference Case Nos. 504 to 508 of 1990 is concerned, in the said cases, the lands of the Appellants-claimants came to be acquired pursuant to the publication of the Notification under Section 4 of the Act dated 2.8.1984 and the Notification under Section 6 of the Act came to be published on 13.3.1986. In the proceedings under Section 11 of the Act, Special Land Acquisition Officer offered compensation @ Rs. 2.75 paise per sq.mtr. The claimants of these reference cases felt that the amount offered by way of compensation was quite inadequate and meager and therefore, they preferred references which were numbered and registered as Land Reference Case Nos. 504 to 508 of 1990. Before the reference Court one of the Appellants-claimants, namely, Prahladbhai Valjibhai, came to be examined at Exh.19. Extracts of revenue records of the lands which went in acquisition as well as sale bills of the crop came to be produced. The copy of earlier award passed by the reference Court in connection with temporary acquisition of the same lands was produced and relied upon. In the said matters, on behalf of the opponent, no oral or documentary evidence was produced.