SPECIAL LAND ACQUISITION OFFICER Vs. RAGHAVBHAI LAXMANBHAI

JUDGEMENT

(1.) Admitted. Mr.G.M.Amin, learned counsel, waives service of notice on behalf of the respondent(s) in each appeal. Having regard to the facts of the case, the appeals are taken up for final disposal today.

(2.) By filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged legality of common judgment and award dated October 29, 2005 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos.953 to 959 of 1998 by which the claimants have been awarded additional amount of compensation at the rate of Rs.61/- per square metre for their acquired lands over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.1.50 paise per square metre for irrigated lands and Re.1/- per square metre for non-irrigated lands by his award dated May 30, 1996.

(3.) The Executive Engineer, Narmada Yojna, Saurashtra Branch, Division No.2/4, Bhavnagar, proposed to the State Government to acquire the lands of Dhandhuka Town, Taluka: Dhandhuka, District: Ahemdabad, for the purpose of construction of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands, which were mentioned in the said proposal, were likely to be needed for the said public purpose. Therefore, a notification under Section 4(1) of the Act was issued, which was published in the official gazette on January 6, 1993. The landowners were thereafter served with the notices as required by Section 4(1) of the Act. On service of notices, the landowners opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report to the State Government as contemplated under Section 5-A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of Dhandhuka Town, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of Narmada Canal. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on June 1, 1994. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.100/- per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.1.50 paise per square metre for irrigated lands and Re.1/- per square metre for non-irrigated lands, by his award dated May 30, 1996. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, they submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer the cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, references were made to the District Court, Ahmedabad (Rural) at Navrangpura, where they were registered as Land Acquisition Case Nos.953 of 1998 to 959 of 1998.