SPECIAL LAND ACQUISITION OFFICER Vs. CHIMANBHAI MOTIBHAI PATEL

JUDGEMENT

(1.) PRESENT First Appeals under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure have been preferred by the appellants herein ­ original opponents Special Land Acquisition Officer and another challenging the impugned judgment and award dated 19.02.2008 passed by the learned Additional Joint District Judge, FTC No.4, Bharuch (Reference Court) in Land Acquisition Reference Case No. 1278/1998 to 1294/98, by which the learned Reference Court has determined the compensation for the land acquired at the rate of Rs.41.67 ps. per sq.mtrs. and along with other consequential and statutory benefits available under the Land Acquisition Act.

(2.) THE Executive Engineer (Narmada Project) Canal Division 2/3, Karjan send a proposal to the State Government to acquire the lands of the claimants situated in the sim of village Vasana, Taluka Amod, District Bharuch and therefore, the acquisition proceedings were initiated. The notification under Section 4 of the Land Acquisition Act was published on 15.03.1996 and the notification under Section 6 of the Land Acquisition was published on 10.10.1996. That the Special Land Acquisition Officer declared the award after issuing notices upon the interested persons inclusive of the claimants and thereafter, declaring the award under Section 11 of the Act on date 29.10.1997 awarding compensation for the acquisition of the lands of the claimants at the rate of Rs.4.27 ps. per sq.mtrs. for irrigated lands and Rs.2.85 ps. per sq.mtrs. for non- irrigated lands. The claimants claimed compensation at the rate of Rs.57 ps. per sq.mtrs.. Being aggrieved and dissatisfied with the amount of compensation awarded by the Special Land Acquisition Officer, the claimants submitted the reference applications which were send to the District Court, Bharuch which were numbered as L.A.R. Case No. 1278/1998 to 1294/1998. That on appreciation of evidence and considering the previous judgment and award passed by the Reference Court in L.A.R. No.1119/1998 of the same village Vasana, in which Rs.41.67 ps. per sq.mtrs. was awarded and considering the same as comparable instances, the Reference Court by impugned judgment and award held that the claimants are entitled to compensation at the rate of Rs.41.67 ps. per sq.mtrs. inclusive of the amount awarded by the Land Acquisition Officer. The Reference Court also held that the claimant shall be entitled to get all other statutory benefits which are available under the provisions of the Act. Being aggrieved and dissatisfied with the impugned judgment and award passed by the Reference Court, the appellants ­ original opponents have preferred the present First Appeal.

(3.) HEARD Shri Banaji, learned AGP appearing on behalf of the appellants. Considered the impugned judgment and award passed by the learned Reference Court and also gone through the record and proceedings of the case which is called from the trial Court, more particularly, the comparable instances, which is the previous judgment and award passed by the Reference Court with respect to the lands of the very village by which the Reference Court determined the compensation at the rate of Rs.37.50 ps. per sq.mtrs.. It is true that the claimants could not make good the assertion that each claimant was earning substantial income from the agricultural produce the said lands. However, the said pales into in as much as enhanced compensation was claimed on the basis of previous judgment and award declared by the learned Reference Court earlier with respect to the lands of the very village.