STATE OF GUJARAT Vs. MANJULABEN SHANKARBHAI PATEL

JUDGEMENT

(1.) ALL these groups of appeals arise out of common judgment and award dated 29.11.2004 rendered by learned Civil Judge (S.D.), Bharuch in land reference cases No.1028 to 1045 of 1992 (main LAR No.1045 of 1992).

(2.) CERTAIN agricultural lands of the respondents-claimants situated in the outskirts of village Sarsa, Tal.Jhagadia, Dis.Bharuch were proposed to be acquired for public purpose of construction of Sarsa Minor Canal under Karjan Project. The notification u/s.4 of the Land Acquisition Act ('the Act', for short) was published on 26.1.1989. The notification u/s.6 of the Act was published on dated 1.3.1990. The Special Land Acquisition Officer conducted inquiry for determining just and fair amount of compensation pertaining to the lands of the respondents-claimants, which came to be acquired in land acquisition case No.52 of 1989. The Special Land Acquisition Officer offered compensation @ Rs.125/- per RA (Rs.1.25 ps.per sq.mtr.). The respondents-claimants felt that the amount awarded by way of compensation to them was quite inadequate and insufficient and, therefore, they applied for the references. Their references were numbered and registered as LAR Case Nos.1028 to 1045 of 1992 and claimed Rs.3000/- per RA (Rs.30 per sq.mtr.) by way of additional compensation. Since all these reference cases arise out of the common award passed by the Special Land Acquisition Officer u/s.11 of the Act, all these reference cases came to be consolidated by the reference Court and common evidence was recorded. On behalf of the claimants, one of the claimants Manilal P.Patel came to be examined at Exh.14. The claimants examined witnesses, namely, D.S.Vansadiya, who happens to be Talati cum Mantri of village Sarsa at Exh.23 and Bhupatsinh Hamirsinh, Exh.48. The claimants produced by way of documentary evidence, extracts of the revenue records pertaining to their lands as well as copy of previous award passed in LAR No.788 of 1992 as well as a sale index at Exh.19. On behalf of the appellant opponent State, no oral evidence was adduced. The reference Court considering the oral and documentary evidence on record, came to the conclusion that the amount offered by way of compensation to the respondents-claimants was quite inadequate and insufficient and relying upon the previous award, copy whereof was produced at Exh.9 before the reference Court and considering the sale instances relied upon in the previous award as well as before the reference Court in the instant case, came to the conclusion that the respondents-claimants were entitled to recover just and fair amount of compensation at the market rate of Rs.2727/- per RA (Rs.27.27 ps.per sq.mtr.). The original opponent felt that the amount awarded by way of compensation to the claimants by the reference Court was excessive and was on higher side and, therefore, preferred these appeals.

(3.) I have examined the record and proceedings in context with the submissions made by the rival sides.