SPECIAL LAND ACQUISITION OFFICER Vs. PARBATSING GANDAJI PARMAR

JUDGEMENT

(1.) 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 October 30, 2004 rendered by the learned 2nd Extra Assistant Judge & Special Judge (L.A.R.), Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos.27 of 1999 to 33 of 1999 by which the claimants have been awarded additional compensation at the rate of Rs.19.80 paise per square metre over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.1.50 ps. per square metre by his award dated February 18, 1998, for their acquired lands.

(2.) The Executive Engineer, Narmada Project, Goraiya Branch Canal, Gandhinagar, submitted a proposal before the State Government to acquire the lands of Village: Kanz, Taluka: Viramgam, District: Ahmedabad for the public purpose of construction of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands of Village: Kanz 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 March 7, 1994. The land-owners were thereafter served with the notices issued under Section 4(1) of the Act. They opposed the proposed acquisition. After considering their objections, a report under Section 5-A(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: Kanz, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of Narmada Canal. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on February 29, 1996. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed the 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 February 18, 1998, offered compensation to the claimants at the rate of Rs.1.50 ps. per square metre. 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 for the purpose of determination of just amount of compensation payable to them. Accordingly, references were made to the District Court, Ahmedabad (Rural) at Navrangpura, where they were registered as Land Acquisition Case Nos.27 of 1999 to 33 of 1999.

(3.) On behalf of the claimants, witness Mr.Galabsang Agarsang Parmar was examined at Exhibit 27. Apart from stating that the lands acquired were highly fertile and that each claimant was earning net income of Rs.35,000/- to Rs.40,000/- per vigha per year from the sale of agricultural produces like cotton, juvar, til, millet, etc., the said witness produced previous award of the Reference Court relating to the lands of Village: Detroj in support of the claim of the claimants for enhanced compensation. The witness mentioned in his testimony that the boundaries of Village: Detroj and Village: Kanz were common. The witness further stated that the lands of Village: Detroj were similar in all respects to the lands of Village: Kanz, which were acquired in the instant case. The witness also mentioned that even the crop-pattern in the two villages was also the same. Though this witness was cross-examined on behalf of the appellants, nothing substantial could be elicited from him.