STATE OF GUJARAT Vs. SHANTILALBHAI JADAVBHAI PATEL

JUDGEMENT

(1.) THIS group of appeals arises from the common judgments and awards dated 1st May, 2008 rendered by the learned 11th Additional Senior Civil Judge, Vadodara, in Land Acquisition Reference Nos. 293 of 2003 to 300 of 2003.

(2.) THE lands in question are situated at village Bahadurpura, Taluka Sankheda, District Mehsana. The Executive Engineer, Sardar Sarovar Narmada Nigam Ltd., Vadodara, made a proposal to the State Government to acquire the land and, therefore, on 17.12.1990, the State Government issued Notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of the lands for the public purpose of canals for Narmada Canal Project. After considering the objections from the claimants, necessary reports, as contemplated under Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. Thereafter, Section 6 Notification was issued on 19th December, 1992. Thereafter, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.1.80 per square meter for irrigated land and Rs.1.20 per square meter for non- irrigated land. Since the said amount of compensation was inadequate, meager and insufficient, the claimants submitted application requiring the Special Land Acquisition Officer to refer their case to the Court for the purpose of determination of just amount of compensation payable to them and accordingly, the reference was made to the Reference Court, Vadodara, which were registered as LRC No.293 to 300 of 2003. The learned 11th Additional Senior Civil Judge, Vadodara, by the impugned Judgment and Award determined the rate of compensation at Rs.20.00 per square meter, The learned Judge has also ordered that the claimants are entitled to additional compensation @ 12 % p.a. on the market value from the date of notification under Section 4 of the Act till the date of Award of Land Acquisition Officer or from the date of taking over possession of the land whichever is earlier and 30 % solatium on market value of the acquired land with interest at the rate of 9 % p.a. from the date of taking possession till one year and thereafter at the rate of 15 % p.a. till realization of the amount payable under Section 28 of the Act on aggregate amount.

(3.) ON behalf of the appellants ­ State, learned A.G.P. has submitted that the original claimants have failed to prove that the compensation awarded by the Special Land Acquisition Officer is inadequate and they have also failed to prove that the lands under reference and under previous award are not similar and the award passed by the Land Acquisition Officer is determined after considering several aspects and, therefore, the Award passed by the Land Acquisition Officer is proper. He has contended that there is nothing on record to show the development of the village every year and, therefore, the learned Judge has wrongly awarded 10 % rise every year.