STATE OF GUJARAT Vs. DAYALBHAI MANABHAI SINCE DECEASED

JUDGEMENT

(1.) BY filing this appeal under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Civil Procedure Code, 1908, the appellant has challenged the legality of common judgment and award dated 29.09.2009 passed by the learned Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos.283 of 2000, by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.41.79 paise per sq.mtr. as additional amount of compensation.

(2.) EXECUTIVE Engineer, Narmada Project at Jambusar, Dist. Bharuch made a proposal to the State Government to acquire lands of Village ­ Umra, Ta. Jambusar, District ­ Bharuch for the purpose of construction of Umra Tail Minor Canal under Narmada project. On perusal of the said proposal, the State Government was satisfied that the lands of Village ­ Umra 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 29.02.1996. 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 ­ Umra were needed for the public purpose as mentioned above.

(3.) ON behalf of the claimants, Shri Shivabhai Shanabhai was examined at Exhibit ­ 20. Over and above stating that the lands acquired were highly fertile and that the claimant was earning substantial income from the sale of the agricultural produces, the said witness produced previous award of the Reference Court relating to the lands of village ­ Dabha at Exhibit ­ 13 in support of the claim of the claimant for enhanced compensation. The witness further stated in his testimony that the lands of Village ­ Dabha was adjoining village. Against the said award, the Government preferred Appeal being First Appeal Nos.3669 of 2008 to 3684 of 2008 before this Court and same has been confirmed by this Court. It is also stated by witness Shivabhai Shanabhai that he has produced copy of the judgment of the Reference Court passed in the L.R.C. No. 862 of 1998, wherein the land of village Dabha was acquired by the Government for the public purpose and in that regard, Reference Court has awarded amount of compensation at the rate of Rs.41.00 paise per sq.mtrs. in all. The witness examined on behalf of the claimants was cross examined by the appellants but nothing substantial could be elicited.