EXECUTIVE ENGINEER Vs. NAGJIBHAI LAGHRABHAI

JUDGEMENT

(1.) ALL these appeals arise out of common judgment and award dated 10.08.2005 rendered by the Principal District Judge, Surendranagar in Land Reference Cases No.370 to 377 of 1997 (main Land Reference Case No.374 of 1997) whereby the Reference Court granted additional amount of compensation at the rate of Rs.17.95 paise per sq.mtr. The Reference Court also granted statutory additions namely interest at the rate of 12% per annum as provided under Section 23(1A) of the Land Acquisition Act (?the Act? for short) and solecism at the rate of 30% as provided under Section 23(2) of the Act. The Reference Court also awarded running interest as contemplated under Section 28 of the Act. The appellants herein namely Executive Engineer, Sardar Sarovar Narmada Corporation Limited and the Special Land Acquisition Officer who were opponents in the above referred Land Reference Cases felt that the amount awarded by way of compensation to the original claimants ? respondents herein by the Reference Court was excessive and exorbitant and, therefore, preferred these appeals challenging the impugned judgment and award rendered by the Reference Court.

(2.) CERTAIN agricultural lands detailed in paragraph No.9 of the impugned judgment and award belonging to the respondents ? claimants were intended to be acquired for the public purpose of Narmada Project, Saurashtra Branch Canal. The lands of the claimants were situated in Village : Vithalpara, Taluka : Lakhtar, District : Surendranagar. The Notification under Section 4 of the Act was published on 20.08.1992 and the Notification under Section 6 of the Act came to be published on 15.02.1993. The Special Land Acquisition Officer conducted inquiry in Land Acquisition Case No.129 of 1992 for determining the amount of compensation. The Special Land Acquisition Officer delivered his award under Section 11 of the Act on 10.10.1995 and offered compensation to the claimants at the rate of Rs.0.70 paise per sq.mtr. for non-irrigated land, Rs.1.5 paise per sqs.mtr for irrigated land and Rs.0.1 paise per sq.mtr for waste land. The claimants felt that the amount by way of compensation offered to them was quite inadequate and meager and, therefore, applied for References and they claimed additional amount of compensation at the rate of Rs.20 per sq.mtr. Their References were numbered and registered as Land Reference Cases No.370 to 377 of 1997. Since all these Reference Cases arise out of L.A.Q. Case No.129 of 1992, all those Reference Cases were consolidated and common evidence was recorded by the Reference Court. Before the Reference Court, the evidence of claimant Nagajibhai Laghrabhai came to be recorded, on behalf of the opponent ? State, the evidence of Hasmukhlal Mohanlal Rathod being Executive Engineer came to be recorded. Before the Reference Court, the claimants relied upon the comparable awards pertaining to Villages : Thorimubarak and Hebatpur. The opponent ? State relied upon the comparable award regarding the lands of Village : Babajipara. Upon appreciating and examining the oral as well as documentary evidence on record, the Reference Court came to the conclusion that the claimants were entitled to recover additional amount of compensation at the rate of Rs.17.95 paise per sq.mtr. This has given rise to the instant appeals.

(3.) I have considered and examined the Record & Proceedings in context with the submissions made by rival side.