VISHNUBHAI HIMMATBHAI PANCHAL Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) It is to be noted for convenience that separate groups of appeals have been filed being aggrieved by award made by the Reference Court in different awards of different dates. For our convenience and for proper understanding, we are taking up the facts from First Appeal No. 1017 of 004.

(2.) It is to be noted that for construction of Narmada Canal large chunks of land were required to be acquired by the Government from different villages from wherein the canal was to pass. Certain land of village Dantali were acquired in the year 1985-86, land of village Jamiyatpura were acquired and thereafter some more land were acquired from village Dantali in the year 1988. In the present matter, Section 4 Notification was issued on 6.8.1988/24.5.1988 while declaration under Section 6 was made on 10-15/3/1989, 5.9.1988, 22.11.1988. The Land Acquisition Officer awarded the compensation in Land Acquisition Case Nos. 4/88, 6/88, 9/88 and 10/88 at the rate of Rs. 4.50 per square metre. The holders of the land being aggrieved by the quantum awarded by the Land Acquisition Officer sought for Reference under Section 18 of the Land Acquisition Act, 1894. Accordingly, different References were made by the Land Acquisition Officer to the Court. Before the Reference Court the claimants claimed at the rate of Rs.100/- per sq. mtr. and in support of that claim they examined Ramanlal Khodidas vide Exh. 16, Amrutlal Chunilal vide Exh. 116 and produced some documents including some judgements of this Court which were in relation to the acquisition of the land of villages Dantali and Jamiyatpura for laying Narmada Canal. The respondents examined Pallaviben Ghanshyambhai vide Exh. 41. No other witnesses were examined by either party.

(3.) The learned Trial Court after recording the evidence and hearing the parties, observed that in relation to the acquisition of 1985/1988 Land Acquisition Officer awarded Rs. 2.50 per sq. mtr., which was enhanced to Rs. 54.50 per sq. mtr. And the award made by the Reference Court was maintained by the High Court and that the judgement of the High Court in the earlier matter may provide sufficient guidelines. It also observed that the village was in the process of progress and as such 10 per cent escalation on the land price fixed by the High Court may be given. However, while calculating amount the trial court missed to look into the fact that the High Court had awarded s. 52/- per sq. mtr., over and above a sum of Rs. 2.50 awarded by the Land Acquisition Officer and as such had awarded Rs. 54.50 per sq. mtr., it calculated rather read, the earlier compensation at the rate of Rs. 52/- per sq. mtr. Applying the principle of 10 per cent escalation per year it awarded Rs. 58.50 per sq. mtr. inclusive of Rs. 4.50 per sq. mtr., as awarded by the Land Acquisition Officer.