SPECIAL LAND ACQUISITION OFFICER Vs. JESANGBHAI NANSANGBHAI GOHIL

JUDGEMENT

(1.) BY filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Civil Procedure Code, 1908, the appellants have challenged the legality of common judgment and award dated 29.01.2011 rendered by the learned Principal Senior Civil Judge, Bharuch in Land Acquisition Case Nos.790 and 793 of 2006 (Land Acquisition Case Nos.789 to 796 of 2006), by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.56.89 paise per sq.mtr. as additional amount of compensation.

(2.) THE Executive Engineer, Narmada Project, Jambusar made proposal to the State Government to acquire lands of Village � Samoj, Taluka � Jambusar, District � Bharuch for the purpose of construction of Narmada canal under Narmada project. On perusal of the said proposal, the State Government was satisfied that the lands of Village � Samoj were likely to be needed for the said purpose. Therefore, Notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on 01.09.2003. After considering objections from the claimants, necessary report contemplated under section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government and on considering the said report, Government was satisfied that the land of village � Samoj, Taluka � Jambusar, District � Bharuch were needed for the public purpose as mentioned above.

(3.) ON behalf of the appellants no witness was examined nor any documentary evidence was produced for consideration of the Reference Court.