SPECIAL LAND ACQUISITION OFFICER Vs. PATEL NATHUBHAI MANILAL

JUDGEMENT

(1.) BY filing these appeals 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 31.12.2010 passed by the learned Principal Senior Civil Judge, Gandhinagar, in Land Acquisition Reference Case Nos.96/2004, 97/2004, 99/2004, 101/2004, 104/2004, 106/2004, 109/2004, 110/2004, 111/2004, 113/2004, 114/2004 and 115/2004 by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.104.48 paise per sq.mtr. as additional amount of compensation.

(2.) EXECUTIVE Engineer, Narmada Project Patnagar Yojna, Section3, Gandhinagar, made a proposal to the State Government to acquire lands of Village ­ Chhala, Ta. Gandhinagar, District ­ Gandhinagar, for the purpose of construction of remaining part of village : Giyod on Chhala GiyodHalisaNarodaDahegam Road. On perusal of the said proposal, the State Government was satisfied that the lands of Village ­ Chhala 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 27.7.2000. After considering objections from the claimant, 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 ­ Chhala were needed for the public purpose as mentioned above.

(3.) THE claimants have been examined in their respective case, stating that the lands acquired were highly fertile and that each claimants were earning substantial income from the sale of the agricultural produces, the claimants produced previous awards of the Reference Court relating to the lands of village ­ Chhala, wherein the award delivered in LAR No.756 of 1998 to 767 of 1998. It is also stated by the claimants that they have produced copy of the judgment of the Reference Court passed in the L.R.C. No.756 of 1998 to 767 of 1998 wherein the land of village Chhala were acquired by the Government for the public purpose and in that regard, Reference Court has awarded amount of compensation at the rate of Rs.53.48paise per sq.mtrs. in all. The Reference Court also awarded Rs.104.48Ps. as additional compensation in L.R.C. No.96/2004, 97/2004, 99/2004, 101/2004, 104/2004, 106/2004, 109/2004, 110/2004, 111/2004, 113/2004, 114/2004 and 115/2004. The witness examined on behalf of the claimant was crossexamined by the appellants but nothing substantial could be elicited.