SPECIAL LAND ACQUISITION OFFICER Vs. RANCHHODBHAI JESINGBHAI PATEL

JUDGEMENT

(1.) BY way of preferring the present appeals, the appellants have challenged the judgment and award dated 27.1.2009 passed by learned 12th Additional Senior Civil Judge, Vadodara, in Land Reference Case Nos. 330/95, 332/95 to 339/95 holding that the opponents ­ original claimants are entitled to get Rs.23.00 per square meters as additional compensation as a market price of lands acquired.

(2.) THE facts of the case in brief are that the land of the opponents ­ original claimants situated at village Bhavpura, Taluka Dabhol, District Vadodara was acquired for the purpose of construction of Palaswad Minor Canal under the Narmada Canal Project. Notification under Section 4 of the Land Acquisition Act, 1894 was published in Government Gazette on 19.9.1992 and after following necessary formalities such as publication of notification under Section 6 on 30.6.1993 as well as service of notice under Section 9 for hearing the opponent-original claimants under the Land Acquisition Act, the Special Land Acquisition Officer, declared his award on 19.5.1994 under Section 11 of the Act and awarded compensation at Rs.27,000/- per hector for irrigated land and Rs.18,000/- for non-irrigated land as against the claim at Rs.3,00,000/- per Hector by the claimants.

(3.) LEARNED AGP has contended that the Reference Court has failed to appreciate that while determining the market value of the land, there should be different market values for irrigated lands as well as non-irrigated lands. He has contended that in view of the decision of this Court the value of non-irrigated land is 25 % lower than that of the value of irrigated lands. Therefore, the amount determined by the Reference Court at the rate of Rs.26/- per sq. meter as market value for both type of lands is erroneous, illegal and requires to be quashed and set aside.