PARSHOTTAMBHAI DESAIBHAI PARMAR Vs. SPEICAL LAND ACQUSITION OFFICER

JUDGEMENT

(1.) These appeals arise out of common judgment and award rendered by the Ld. 10th Addl. Sr. Civil Judge, Vadodara, on 14/6/2005 in Land Reference Case Nos. 362 to 374 of 1989 [main Land Reference Case No. 352/1989], whereby the Reference Court determined the market value of the lands of the appellants claimants situated in the outskirts of village Falod, Taluka Waghodia, District Vadodara, which came to be acquired, @ Rs.15/- per sq. mtr.

(2.) Certain lands of the appellants claimants, more particularly described in their respective reference cases, came to be acquired for the public purpose of construction of Kundhala Branch of Narmada Canal and the notification under section 4 of the Land Acquisition Act ['the Act' for short] came to be published on 7/6/1984 and the notification under section 6 of the Act was published on 24/10/1985. The Special Land Acquisition Officer conducted inquiry and under section 11 of the Act, on 26/3/1987 the Special Land Acquisition Officer declared his award and offered by way of compensation, the amount @ Re.1/- per sq. mtr. The claimants felt that the amount offered to them was highly insufficient and inadequate and, therefore, applied for reference and their references were registered before the Reference Court as Land Reference Case Nos. 362 to 374 of 1989. The claimants claimed the compensation @ Rs.30/- per sq. mtr.

(3.) Before the Reference Court, all the above reference cases came to be consolidated since all these cases arose out of the common award rendered by the Special Land Acquisition Officer. On behalf of the claimants, Parsotambhai Desaibhai Parmar came to be examined. On behalf of the respondent, two witnesses were examined, namely Mr. J.J. Bilwal at exh. 25 and Mr. D.M. Patel at exh. 29. So far as the documentary evidence is concerned, the claimants relied upon the award rendered in Land Reference Case No. 307 of 1989 and other allied matters pertaining to land of village Tavra, Taluka Waghodia, Dist. Vadodara. The Reference Court, appreciating the oral and documentary evidence on record, came to the conclusion that earlier award though can be made base for the fixation of just and fair amount of compensation, but observed that so far as the lands of village Tavra are concerned, in that case, the lands were irrigated; whereas in the instant case, the lands were non-irrigated. In the previous award regarding the land of village Tavra, though the date of notification under section 4 of the Act was the same [dated 7/6/1984] and in the said case, the compensation was awarded to those claimants @ Rs.20/- per sq.mtr., but since in the instant case, the lands, according to the Reference Court, were non-irrigated lands and, therefore, fixed the market price of the lands @ Rs.15/- per sq. mtr. Since the Spl. Land Acquisition Officer had offered compensation @ Re.1/- per sq. mtr., the additional amount of compensation which was awarded by the Reference Court was @ Rs.14/- per sq. mtr. The original claimants felt that the amount awarded by the Reference Court is inadequate and insufficient and, therefore, they preferred these appeals for enhancement of the amount of compensation.