LAWS(GJH)-2006-12-189

SPECIAL LAND ACQUISITION OFFICER Vs. BHAVUBHA POPATSANG

Decided On December 13, 2006
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
BHAVUBHA POPATSANG Respondents

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 the common judgment and award dated November 29, 2003, rendered by the learned Second Extra Assistant Judge and Special Judge (LAR), Ahmedabad (R) at Navrangpura in Land Acquisition Case No.572 of 1995 to Land Acquisition Case No.586 of 1995, Land Acquisition Case No.533 of 1995 and Land Acquisition Case No.534 of 1995, by which the claimants are awarded additional compensation at the rate of Rs.21.50/- 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.1.57 ps. per sq.mt. for irrigated lands and Rs.1.05 ps. per sq.mt. for non-irrigated lands, by his award dated April 30, 1994.

(2.) The Executive Engineer, Narmada Yojana, Division No.3/2, Gandhinagar, proposed to the State Government to acquire the lands of village Kauka, Taluka: Dholka, District: Ahmedabad, for the public purpose of construction of Narmada Canal. On scrutiny of the said proposal, the State Government was satisfied that the lands of village Kauka 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 May 1, 1992. The land owners were thereafter served with notices under Section 4(1) of the Act. They opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report to the State Government as contemplated by Section 5A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of village Kauka 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 September 22, 1992. The interested persons were thereafter served with notices for determination of 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 April 30, 1994, offered compensation to the claimants at the rate of Rs.1.57 ps. per sq.mt. for irrigated lands and Rs.1.05 ps. per sq.mt. for non-irrigated lands. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they filed applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer the matters to the Court for determination of just amount of compensation payable to them. Accordingly, References were made to the District Court, Ahmedabad (R) where they were registered as Land Acquisition Case No.572 of 1995 to Land Acquisition Case No.586 of 1995, Land Acquisition Case No.533 of 1995 and Land Acquisition Case No.534 of 1995.

(3.) On behalf of the claimants, witness Mahipatsinh Keshubhai Vaghela was examined at Ex.27. After stating that the lands acquired were highly fertile, the witness claimed that each claimant was earning net income of Rs.30,000/- to Rs.40,000/- per year per Vigha from the sale of agricultural produces such as Millet, Tuver, etc. The witness further stated that the boundaries of his village were touching that of village Paldi and that the last survey number of village Kauka was adjoining to Block number acquired from his village for Narmada Canal. The witness also stated that the lands of village Paldi and the lands of his village, which were acquired, were similar in all respects including the fertility. The witness further mentioned that the claimants were able to grow some crops on the lands acquired as were being raised on the lands of village Paldi which were acquired previously. In support of claim of the claimants for enhanced compensation, the witness produced previous award of the Reference Court relating to the lands of village Paldi at Ex.26. According to this witness, village Paldi was situated at a distance of two kilometers from Dholka-Bhavnagar Highway and was fully developed.