SPECIAL LAND ACQUISITION OFFICER Vs. PATEL BHAICHANDBHAI AMBARAM

JUDGEMENT

(1.) Admitted. Mr.B.S.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.) 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, are directed against common judgment and award dated March 31,2004, rendered by the learned 4th Joint Civil Judge (SD), Mehsana in Land Acquisition Reference Nos.3145 to 3182 of 2003 by which the claimants have been awarded additional amount of compensation at the rate of Rs.33.50 Ps.per sq.mt, for their acquired lands, over and above the compensation paid to them by the Special Land Acquisition Officer at the rate of Rs.10/- per sq.mt. by his award dated November 16,1998.

(3.) A proposal was received by the State Government to acquire the lands of village Kansa, Taluka Vijapur, District Mehsana for the public purpose of construction of canal under Dharoi Project. On perusal of the said proposal, the State Government was satisfied that the lands of village Kansa were likely to be needed for the said public purpose. Therefore, a Notification under Section 4 of the Act was issued, which was published in the Official Gazette on October 23, 1996. The land owners were thereafter served with notices under Section 4(1) of the Act. On receipt of the notices, they objected to the proposed acquisition. After considering their objections,a report under Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On scrutiny of the said report, the State Government was satisfied that the lands of village Kansa specified in the notification published under Section 4 (1) of the Act were needed for the public purpose of construction of canal under Dharoi Project. Therefore, a declaration under Section 6 of the Act was made which was also published in the Official Gazette. The interested persons were thereafter served with the notices under Section 9 of the Act 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.50/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated November 16,1998 offered compensation to them at the rate of Rs.10/- per sq.mt. The claimants were of the view 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 for the purpose of determination of just amount of compensation payable to them. Accordingly, references were made to the District Court, Mehsana, which were registered as Land Acquisition Reference Nos.3145 to 3182 of 2003.