STATE OF GUJARAT Vs. KALYANSANG NANUBHAI VALA

JUDGEMENT

(1.) Admitted. Mr.D.J.Chauhan, learned counsel, waives service of notice on behalf of the claimant/ claimants in each Appeal. Ms.Krina P.Calla, learned Assistant Government Pleader, states at the Bar that the interest of the appellant and that of the respondent No.2 is identical and is 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 these Appeals upon the respondent No.2. With the consent of the learned advocates for the parties, 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 the legality of the common judgment and award dated September 30, 2004, rendered by the learned Second Joint Civil Judge (Senior Division), Surendranagar, in Land Reference Case No.41 of 1997 to Land Reference Case No.53 of 1997 by which, the claimants have been awarded in all compensation at the rate of Rs.29/- per sq.mt. for their acquired lands.

(3.) The Executive Engineer, Saurashtra Branch, Narmada Division No.2/5, Limbdi, proposed to the State Government to acquire the lands of village Sontha, Taluka: Limbdi, District: Surendranagar, for the public purpose of construction of Limbdi Branch of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands of village Sontha 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 September 3, 1992. The land owners whose lands were proposed to be acquired were thereafter served with notices under Section 4 of the Act. On receipt of the notices, they opposed the proposed acquisition. After considering the their objections, a report was submitted by the Special Land Acquisition Officer to the State Government as contemplated by Section 5A(2) of the Act. On scrutiny of the said report, the State Government was satisfied that the lands of village Sontha which were specified in the notification published under Section 4 of the Act were needed for the public purpose of construction of Limbdi Branch of Narmada canal. Therefore, a declaration under Section 6 of the Act was made which was published in the official gazette on July 7, 1993. The interested persons were thereafter served with notices under Section 9 of the Act for determination of amount of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.60,000/- per Acre, i.e. Rs.15/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated December 13, 1995, offered compensation to the claimants at the rate of Rs.10,800/- per Hectare, i.e. Rs.1.08 ps. per sq.mt. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was highly inadequate. They, therefore, 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, Surendranagar, where they were registered as Land Reference Case No.41 of 1997 to Land Reference Case No.53 of 1997. It may be mentioned that before the Reference Court, the claim of the claimants was that they were entitled to compensation at the rate of Rs.75/- per sq.mt.