SPECIAL LAND ACQUISITION OFFICER Vs. VANKAR BECHARBHAI KHUSHALBHAI

JUDGEMENT

(1.) THIS group of appeals arises from the common judgments and awards dated 11th April, 2007 rendered by the learned Additional District Judge & Presiding Officer, 4th Fast Track Court, Mehsana in Land Acquisition Reference Nos.1360 of 2005 and connected matters. It appears that earlier the Division Bench of this Court, vide Judgment and order dated 22.7.2009, has decided First Appeals No.1796 of 2009 and other connected Appeals. The present group of Appeals are also a part of said decided Appeals, but, the same are left out and, therefore, they are decided and disposed of by this common Judgment.

(2.) THE lands in question are situated in village Asjol, Taluka Bechraji, District Mehsana. 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. The Notification under Section 4 of the Act was issued on 27th April, 1995 and published on 14th June, 1995. The Section 6 Notification was issued on 25 th September, 1995. In response to the notice issued under Section 9 of the Act, the land holders appeared and claimed compensation at the rate of Rs.100 per sq. mt. before the Special Land Acquisition Officer. The Special Land Acquisition Officer declared award dated 27th January, 2007 being Award No.18 of 1995 and awarded Rs.3.10 per sq. mt. for the acquired lands. At the instance of the land holders, references were made before the District Court, Mehsana and the learned Additional District Judge by the impugned judgments and awards determined the rate of compensation at Rs.27.10 ps. per sq. mt. for Jirayat/irrigated lands with 30% solatium, additional amount under Section 23(1A) and also interest under Section 28 of the Act.

(3.) MR . Bhatt, learned Addl. Government Pleader has submitted that the Reference Court has passed its judgments and awards in the instant case for acquisition of lands in village Asjol on the basis of the awards dated 30th April, 2005 of the Reference Court for acquisition of lands in village Dhanpura where also compensation was determined at the rate of Rs.27.10 ps. per sq. mt. of irrigated land. Dhanpura is also in Bechraji Taluka of Mehsana District and is adjoining to village Asjol. He states that the said awards dated 30th April, 2005 in respect of village Dhanpura came to be challenged and by judgment dated 14th December, 2006 the Division Bench of this Court has reduced the rate of compensation from Rs.27.10 ps. per sq. mt. to Rs.23 per sq. mt. It is further submitted that the notification under Section 4 of the Act for acquisition of the lands in village Dhanpura was published on 19th November, 1996 whereas, the notification under Section 4 for acquisition of the lands in the present case was published on 14th June, 1995, as mentioned in the award of the Land Acquisition Officer. It is, therefore, submitted that the rate of compensation for acquisition of the lands in village Asjol must be further reduced from Rs.23 per sq. mt. to Rs.20 per sq. mt. as the lands in village Asjol were acquired one and half years prior to acquisition of the lands in village Dhanpura.