STATE OF GUJARAT Vs. SHAMBHUBHAI VALLABHBHAI KABARIA

JUDGEMENT

(1.) THE present appeals are filed under section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against common judgment and award passed under section 18 of the Act by learned Assistant Judge, Amreli dated 28.08.1998 in Land Reference Case Nos.3/1997, 54/1997, 91/1997 to 94/1997. THE lands situated at village Giriya, Tal. & Dist. Amreli have been acquired for the public purpose of THEbi Irrigation Project by the State of Gujarat. THE notification, as contemplated under section 4 of the Act, was published on 10.12.1992 and section 6 notification was published on 18.02.1993. THE Land Acquisition Officer, after following the procedure as contemplated under the Act, made and declared award under section 11 (1) of the Act on 23.02.1995. THE Land Acquisition Officer under the said award, after considering the sale instances and evidence adduced before him awarded compensation of Rs.20/sq.mtr. for non-agricultural lands and Rs.12/sq.mtr. for irrigated lands and Rs.8/sq.mtr. for non-irrigated lands. As the original claimants were dissatisfied with the award, they raised the disputes as contemplated under section 18 of the Act, which were referred to District Court, Amreli and the same came to be registered as Land Reference Case Nos.3/1997, 54/1997, 91/1997 to 94/1997. THE Reference Court passed an order of consolidation of all the references, considering Land Reference Case No.3/1997 as main reference. THE Reference Court, after hearing the parties concerned, vide judgment and award dated 28.08.1998 allowed the said references and ordered to pay additional compensation of Rs.400/sq.mtr. by way of compensation to the claimants of Land Reference Case Nos.3/1997, 54/1997, 91/1997, 93/1997 and 94/1997 and Rs.300/sq.mtr. to the claimants of Land Reference Case No.92/1997. Being aggrieved by the same, the present appeals are preferred.

(2.) THE relevant factual aspect relating to the aforesaid land references are enumerated as under: Sr. No. Land Ref. Case No. Survey No. of Land acquired Village Status of land 01. 3/97 89 P. Giriya N.A. 02. 54/97 99 P. Giriya Agricultural 03. 91/97 99 P. Giriya Agricultural 04. 92/97 96/9 Giriya Agricultural 05. 93/97 88/2/A/2 Giriya Agricultural 06. 94/97 88/2/B Giriya Agricultural

(3.) ON perusal of map (Exh.32), we find that lands bearing Survey Nos.99 paiki are situated on the Eastern side of River Thebi, Survey Nos.88 and 89 are also situated on the Eastern side of River Thebi beyond the State Highway road, whereas Survey No.96/9 is situated on the Western side of River Thebi. ON perusal of the award passed under section 11 of the Act by the Land Acquisition Officer (Exh.20), we find that the Land Acquisition Officer has considered the claims raised by the claimants and has also considered the facts that some of the lands, though agricultural, has possibility of non-agricultural development and has relied upon 10 sale instances, both of agricultural as well as non-agricultural lands, of different survey numbers of Village Giriya and on the basis of such evidence has fixed the compensation of Rs.20/sq.mtr. for non-agricultural lands and Rs.12/sq.mtr. for irrigated lands and Rs.8/sq.mtr. for non-irrigated lands.