STATE OF GUJARAT THROUGH SECRETARY Vs. VALJIBHAI BHAVANBHAI

JUDGEMENT

(1.) Admitted. Mr.G.M.Amin, 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.) What is challenged in these appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, is common award dated September 6, 2005, rendered by the learned 4th Additional Senior Civil Judge, , Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos.984 of 1998 to 993 of 1998, by which the claimants have been awarded additional amount of compensation at the rate of Rs.31/- 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.0.60 Paise per square metre by his award dated February 20, 1997.

(3.) The Executive Engineer, Narmada Yojna, Division No.2/4, Saurashtra Branch Canal, Bhavnagar, proposed to the State Government to acquire the lands of Village : Navda, Taluka: Dhandhuka, District: Ahmedabad for the public purpose of construction of Vallabhipur Branch Canal under Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands specified in the 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 4, 1995. The land-owners were thereafter served with the notices as required by Section 4(1) of the Act. On receipt of notices, land-owners opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report under Section 5-A(2) of the Act to the State Government. On scrutiny of the said report, the State Government was satisfied that the lands of Village : Navda, specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of Vallabhipur Branch Canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was issued, which was published in the official gazette on September 26, 1995. The interested persons were thereafter served with the notices for determination of the compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and demanded compensation at the rate of Rs.50/- per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated February 20, 1997 offered compensation to the claimants at the rate of Rs.0.60 paise per square metre for their acquired lands. 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 their cases to the Court. Accordingly, references were made to the District Court, Ahmedabad (Rural) at Navrangpura, where they were registered as Land Acquisition Case Nos.984of 1998 to 993 of 1998.