BAVAMIYA ACHHUMIYA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned advocate Mr.Nitin Amin for the appellants and Mr. A.D. Oza, learned Government Pleader for the respondents in this group of appeals. This group of appeals is arising in respect of the lands acquired by the State Government relating to village Bavla, Kalyangadh and Vithalpur.

(2.) Brief facts of the first appeal nos. 149 of 1987 to 167 of 1987 relating to village Bavla are as under: After the formation of the State of Gujarat, the developments in all parts of the State needed attention. SO far as the development in and around Bavla was concerned, the Executive Engineer, Panchayat Section, Ahmedabad was assigned the work to study the needs in the Taluka and recommended where and what type of roads were necessary. After careful study, the Executive Engineer, Panchayat Section, Ahmedabad planned out a scheme for constructing Bavla Rupal Begava Koth Road and also pointed out in his scheme that for the purpose of constructing that road, barely required for the developments, the lands were required to be acquired. He reported to his higher authorities through the collector. The Collector, Ahmedabad approved the same and recommended the Government to approve and issue necessary notification for acquisition of the agricultural lands. The Govt. accepted the recommendations and issued notifications for the acquisition of the lands. The agricultural lands of the claimants situated within the sim of the town Bavla were included in acquisition operation. Accordingly, notification u/s. 4 of the Land Acquisition Act dated 26.4.1976 was published in the Government Gazette on 10.6.1976. Thereafter, necessary formalities were observed and again a notification under section 6 of the said Act dated 5.5.1977 was published in the Government Gazette on 9.6.1977. Thereafter, the Special Land Acquisition Officer took up the work of hearing the proceedings of acquisition on hand, summoning all the interested persons. As regards the lands of the present claimants was concerned, land acquisition case no.2 of 1973 was initiated and heard by the Special Land Acquisition Officer.The Special Land Acquisition Officer, after hearing all the interested in the lands, declared his award on 4.3.1983 awarding the compensation at the rate of Rs.1.00 per sq. mtr. The lands were Jarayat lands. Some of the lands were new tenure while some were old tenure lands. The claimants were demanding compensation at the rate of Rs.30.00 per sq. mtr. Therefore, the claimants then decided to prefer references and, therefore, at the instance of the original claimants, the Special Land Acquisition Officer made references of these 19 cases to the District court at Narol which were, in turn, transferred to the Extra Assistant Judge, Ahmedabad Rural at Narol being Land Acquisition Case No. 138 of 1984 to 155 of 1984 and land acquisition case no. 212 of 1984. The reference court decided the said references on 30.12.1985 and partly allowed the references and awarded additional compensation to the claimants over and above the amounts awarded by the Special Land Acquisition Officer together with interest at the rate of 9 per cent per annum from the date of possession till realization with proportionate costs. In the said award, the reference court has not granted solatium at the rate of 30 per cent to the claimants; not granted 12 per cent increase and also not granted 15 per cent interest under proviso to amended section 28 of the Land Acquisition Act.

(3.) The facts relating to the first appeal no. 282 of 1987 to 289 of 1987 in respect of village Kalyangadh are as under: After the formation of the State of Gujarat, the developments in all parts of the State needed attention. SO far as the development in and around Dholka was concerned, the Executive Engineer, Panchayat Section, Ahmedabad was assigned the work to study the needs in the Taluka and recommended where and what type of roads were necessary. After careful study, the Executive Engineer, Panchayat Section, Ahmedabad planned out a scheme for constructing Bagdana-Lagdana-Kalyangadh Road and also pointed out in his scheme that for the purpose of constructing that road, barely required for the developments, the lands were required to be acquired. He reported to his higher authorities through the Collector. The Collector, Ahmedabad approved the same and recommended the Government to approve and issue necessary notification for acquisition of the agricultural lands. The Govt. accepted the recommendations and issued notifications for the acquisition of the lands. The agricultural lands of the claimants situated within the sim of the town Kalyangadh were included in acquisition operation. Accordingly, notification u/s. 4 of the Land Acquisition Act dated 4.11.1976 was issued and thereafter, necessary formalities were observed and again another notification dated 4.6.1977 under section 6 of the Land Acquisition Act was issued and published on 28.7.1977. Thereafter, the Special Land Acquisition Officer took up the work of hearing the proceedings of acquisition on hand, summoning all the interested persons. As regards the lands of the present claimants was concerned, land acquisition case no.16 of 1973 was initiated and heard by the Special Land Acquisition Officer.The Special Land Acquisition Officer, after hearing all the interested in the lands, declared his award on 12.3.1983 awarding the compensation at the rate of Rs.0.20 per sq. mtr. The lands were Jarayat lands. Some of the lands were new tenure while some were old tenure lands. The claimants were demanding compensation at the rate of Rs.10.00 per sq. mtr. Therefore, the claimants then decided to prefer references and, therefore, at the instance of the original claimants, the Special Land Acquisition Officer made references of these 8 cases to the Reference Court wherein the reference court decided the said references on 20.1.1986 and partly allowed the references and awarded additional compensation to the claimants at the rate of Rs.5.00 per sq. mtrs. over and above the amounts awarded by the Special Land Acquisition Officer together with interest at the rate of 9 per cent per annum from the date of possession till realization with proportionate costs. In the said award, the reference court has not granted solatium at the rate of 30 per cent to the claimants; not granted 12 per cent increase and also not granted 15 per cent interest under proviso to amended section 28 of the Land Acquisition Act.