NADODA SHANKARBHAI MULJIBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil FIRST Procedure, 1908 against the common judgment and award dated 30.01.2009 passed by the learned Additional Senior Civil Judge, Patan in Land Reference Case Nos.292 of 2006 to 307 of 2006 by which the appellants � original claimants have been awarded compensation at the rate of Rs.8.05 paise per Sq.Mtr. for irrigated land and Rs.2.70 paise per Sq.Mtr. for non irrigated land, over and above the compensation offered to them by the Special Land Acquisition Officer.

(2.) SPECIAL Land Acquisition Officer, Mahesana made a proposal to the State Government to acquire the land of village Gochnad, Ta.Sami, District � Patan for Sardar Sarovar Narmada Nigam Ltd. on permanent basis. Therefore, a Notification under Section 4 of the Act was issued which was published in the Official Gazette on 26.04.1993. The original claimants opposed the proposed acquisition. The claimants appeared before the Special Land Acquisition Officer and claimed compensation. However, having regard to the materials placed before him, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.1.05 paise per sq.mtr. for irrigated land and Rs.0.70 paise per sq.mtr. for non irrigated land vide award dated 29.01.1996. Therefore, the claimants submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly references were made to the District Court, Patan which were registered as Land Reference Case Nos.292 to 307 of 2006.

(3.) ON behalf of the appellants herein � original claimants, Shri Shankarbhai Tejabhai Chaudhari was examined at Exh.15. Claimant � Shankarbhai has mentioned that the land acquired was highly fertile and they were earning income of Rs.35,000/ per bigha. He also stated that his land is adjoining to the land of village Baspa. He has further submitted that with respect to Village Baspa, the Court has awarded additional compensation of Rs.9 per sq.mtr. He has further submitted that the fertility of his acquired land of village Gochnad is similar with the land of village Baspa. The claimant has also produced copy of judgment delivered in LAR Nos.2457 of 1996 with respect to village � Baspa vide Exh.14.