SPECIAL LAND ACQUISITION OFFICER Vs. CHANDRAKANT DHIRAJLAL

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 12.10.2009 rendered by the learned Additional Senior Civil Judge, Bharuch in Land Reference Case Nos.2025 to 2034 of 1998, by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.49.60 paise per sq.mtr. as additional amount of compensation.

(2.) The land of original claimants situated at Village - Pisad, Taluka Vagra, District - Bharuch was acquired for the purpose of construction of Pisad Minor Canal. Therefore, Notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on 29.11.1995. 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 - Pisad, Taluka - Vagra, District - Bharuch were needed for the public purpose as mentioned above.

(3.) Therefore, declaration was made under Section 6 of the Act, which were published in the Official Gazette on 08.08.1996. Thereafter, Land Acquisition Officer offered compensation to the present claimants at the rate of Rs1.60 per sq.mts. Since the said amount of compensation was inadequate, the claimants submitted application under section 18 of the Act requiring the Officer to refer their case to the Court for the purpose of determination of just amount of compensation payable to them and accordingly, reference was made to the Reference Court, Bharuch which was registered as L.R.C. Nos.2025 to 2034 of 1998 and other allied reference cases.