SPECIAL LAND ACQUISITION OFFICER Vs. VITHALBHAI CHATURBHAI PATEL

JUDGEMENT

(1.) Admitted. Mr.A.J.Patel, learned counsel, waives service of notice on behalf of the claimant/claimants in each appeal. Ms.Krina P. Calla, learned Assistant Government Pleader for the appellant, states at the Bar that interest of the appellant and that of the respondent No.2 is identical and not in conflict at all. In view of the statement made at the Bar by the learned Assistant Government Pleader, this Court is of the opinion that it is not necessary for the appellant to effect service of notice of admission of the appeals upon the respondent No.2. 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 appellant has challenged legality of common judgment and award dated September 30, 2004 rendered by the learned Extra Assistant Judge & Special Judge (L.A.R.), Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case No. 760 of 1998 with Land Acquisition Cases Nos. 766 to 778 of 1998, by which the claimants have been awarded additional amount of compensation at the rate of Rs.19.10 paise 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.1.35 Paise per square metre for irrigated lands and Rs.0.90 Paise per square metre for non-irrigated lands by his award dated June 13, 1996.

(3.) The Executive Engineer, Narmada Yojna, Division No.4/5, Mehsana, proposed to the State Government to acquire the lands of Village: Nayakpura, Taluka: Viramgam, District: Ahmedabad for the public purpose of construction of 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 November 13, 1992. The landowners were thereafter served with the notices as required by Section 4 of the Act. On receipt of notices, the 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: Nayakpura specified in the notification published under Section 4(1) of the Act were needed for the public purpose of construction of Canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was issued, which was published in the official gazette on June 2, 1994. 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 claimed compensation at the rate of Rs.30/- per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated June 13, 1996 offered compensation to the claimants at the rate of Rs.1.35 paise per square metre for irrigated lands and Rs.0.90 paise per square metre for non-irrigated 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 No. 760 of 1998 with Land Acquisition Case Nos. 766 of 1998 to 778 of 1998.