SPECIAL LAND ACQUISITION OFFICER Vs. NARUBHAI AKBARBHAI

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 appellants have challenged the legality of common judgment and award dated 21.12.2011 passed by the learned Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos.823 to 830 of 2006, by which the Reference Court has awarded in all compensation to the claimants at the rate of Rs.57.89 paise per sq.mtr. as additional amount of compensation.

(2.) SPECIAL Land Acquisition Officer, Narmada Project No.7, Bharuch made a proposal to the State Government to acquire lands of Village ­ Panchpipla, Ta. Jambusar, District ­ Bharuch for the purpose of construction of Panchpipla Prashkha Canal under Narmada project. On perusal of the said proposal, the State Government was satisfied that the lands of Village ­ Pachpipla 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 04.12.2004. After considering objections from the claimants, 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 ­ Panchpipla were needed for the public purpose as mentioned above.

(3.) ON behalf of the claimants, Shri Ajitbhai Najirbhai was examined at Exhibit ­ 23. Over and above stating that the lands acquired were highly fertile and that each claimant was earning substantial income from the sale of the agricultural produces, the said witness produced previous award of the Reference Court relating to the lands of village ­ Panchkada at Exhibit ­ 21 in support of the claim of the claimants for enhanced compensation. The witness further stated in his testimony that the lands of Village ­ Panchkada was adjoining village. Against the said award the Government preferred Appeal being First Appeal Nos.3052 of 2012 to 3063 of 2012 before this Court and same has been confirmed by this Court. It is also stated by witness Shri Ajitbhai Najirbhai that they have produced copy of the judgment of the Reference Court passed in the L.R.C. No.133 of 2003(Main), wherein the land of village Panchkada 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.47.10 paise per sq.mtrs. in all. The witness examined on behalf of the claimants was crossexamined by the appellants but nothing substantial could be elicited.