SPECIAL LAND ACQUISITION OFFICER Vs. GADHVI NAGBAI SHANKARBHAI

JUDGEMENT

(1.) Admitted. Mr.A.J.Patel,learned counsel, waives service of notice on behalf of the claimant/claimants 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 the legality of common judgment and award dated April 30, 2005 rendered by the learned Civil Judge (SD), Mehsana in Land Reference Case Nos.28 of 2004 to 30 of 2004, 32 of 2004 and 4300 of 2003 by which the claimants are awarded additional compensation at the rate of Rs.48.20 Ps. per sq.mt. over and above compensation of Rs.1.80 Ps.per sq.mt awarded by the Special Land Acquisition Officer by his award dated January 7,1998, for their acquired lands.

(3.) A proposal was made to the State Government to acquire agricultural lands of village Nagarasan, Taluka Kadi, District Mehsana for the public purpose of Narmada Yojana. On consideration of the said proposal, the State Government was satisfied that certain agricultural lands of village Nagarasan 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 August 27, 1996. The land owners,whose lands were proposed to be acquired, were served with notices. They lodged objections against the proposed acquisition. After considering their objections, the Special Land Acquisition Officer submitted his report as contemplated by Section 5A(2) of the Act to the State Government. On scrutiny of the said report, the State Government was satisfied that the lands of village Nagarasan specified in Notification published under Section 4(1) of the Act were needed for public purpose of Narmada Yojana. Therefore, declaration under Section 6 of the Act was made,which was published in the Official Gazette on March 13, 1997. The interested persons were thereafter served with notices for determination of compensation. They appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.100/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated January 7, 1998 offered compensation to the claimants at the rate of Rs.1.80 Ps. per sq.mt. 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 in writing requiring the Special Land Acquisition Officer to refer the matter to the Court for determination of just amount of compensation payable to them. Accordingly references were made to the District Court, Mehsana, which were registered as Land Reference Case Nos.28 of 2004 to 30 of 2004, 32 of 2004 and 4300 of 2003.