NARANBHAI MOHANBHAI PATEL Vs. SPECIAL LAND AQUASITION OFFICER

JUDGEMENT

(1.) These appeals arise out of the common impugned judgment and award dated 6.2.2001 rendered by learned Extra Assistant Judge, Mehsana in LAR No.1837 of 1995 and other group matters.

(2.) The appellant of FA No.3354 of 2006 had filed the LAR case No.1837 of 1995, the appellant of FA No.3355 of 2006 had filed the LAR Case No.1839 of 1995, the appellant of FA No.3356 of 2006 had filed LAR No.1840 of 1995, the appellant of FA No.3357 of 2006 had filed LAR No.1841 of 1995 and appellant of FA No.3358 of 2006 had filed LAR No.2109 of 1996. The reference Court in the impugned judgment and award determined the additional amount of compensation @ Rs.24 per sq.mtr. In the said case, the Special Land Acquisition Officer had offered compensation @ Rs.2.70 ps.per sq.mtr. Thus, according to the reference Court, the just and fair amount of market values of the lands of the appellants claimants was Rs.26.70 per sq.mtr.

(3.) Certain agricultural lands of the claimants situated in the outskirts of village Pirojpur, Taluka Kadi, Dist.Mehsana, detailed in paragraph 4 in the impugned judgment and award, were proposed to be acquired for public purpose of Narmada Project Viramgam Branch. The notification u/s.4 of the Land Acquisition Act ('the Act', for short) came to be published on 23.8.1992 and the notification u/s.6 of the Act came to be published on 8.10.1993. The Special Land Acquisition Officer conducted inquiry in LAQ Case No.55 of 1992 to determine the just and fair amount of compensation and delivered the award u/s.11 of the Act on dated 25.4.1994 and offered Rs.2.70 ps.per sq.mtr. The original claimants, including the appellants claimants felt that the amount offered to them by way of compensation was very less and inadequate and, therefore, they applied for references, and in the references, they claimed compensation @ Rs.50/- per sq.mtr. Since all the reference cases arose out of common award passed by the Land Acquisition Officer u/s.11 of the Act in LAQ Case No.55 of 1992, the reference Court consolidated all these reference cases and common evidence was recorded. Before the reference Court, oral evidence was adduced as well as from Exhs.25 to 28, previous awards regarding the acquisition of lands of different villages, namely Karannagar, Nani Kadi, Rangpura and Borisana came to be produced. Alongwith such evidence, a map at Exh.29, came to be produced, to show that the boundaries of these village are adjacent to boundaries of village Pirojpur. The reference Court considering the oral and documentary evidence on record in the form of previous awards passed by the reference Court, came to the conclusion that the claimants were entitled to recover just and fair amount of compensation at the additional rate of Rs.24 per sq.mtr. The original claimants in the above-referred five land reference cases felt that the amount awarded by the reference Court was again very insufficient and meagre and, therefore, filed these appeals.