JADAV MANGABHAI TEJABHAI Vs. SP LAND ACQUISITION OFFICER

JUDGEMENT

(1.) By filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of Code of Civil Procedure, 1908, the appellants who are original claimants have challenged the legality of the common judgment and award dated October 04, 2000 rendered by the learned Extra Assistant Judge, Mehsana in Land Acquisition Reference Nos. 614/97 to 617/97, by which they have been awarded additional compensation at the rate of Rs. 12.50 paise per Sq.Mtr. for their acquired lands, over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.2.50 paise per Sq.Mtr. by his award dated May 20, 1991 and claimed that they should have been awarded additional compensation at the rate of Rs. 25/- per Sq.Mtr. for his acquired lands. Thus, the appellants claimants have claimed in these appeals that they should be awarded additional compensation at the rate of Rs.10/- per Sq.Mtr. over and above total compensation awarded to them at the rate of Rs.15/- per Sq.Mtr.

(2.) A proposal was received by the State Government to acquire the lands of village Dudhai, Taluka Kadi, District Mehesana for the public purpose of drilling project of O.N.G.C., Ahmedabad. On perusal of the said proposal, the State Government was satisfied that the lands of village Dudhai, 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 July 06, 1989. The land owners were thereafter served with notices under Section 4 of the Act. On receipt of notices, they opposed the proposed acquisition. After considering their objections, a report was forwarded 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-Dudhai which was specified in the Notification published under Section 4 of the Act were needed for public purpose of drilling project of O.N.G.C., Ahmedabad. Therefore, a declaration under Section 6 of the Act was issued, which was published in the Official Gazette on April 05, 1990. 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 compensation at the rate of Rs. 25/- per Sq.Mtr. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated May 20, 1991 offered compensation to the claimants at the rate of Rs. 2.50 paise per Sq.Mtr. 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, where they were registered as Land Acquisition Reference Nos. 614/97 to 617/97.

(3.) On behalf of the claimants witness Kanubhai Kushalbhai Patel, was examined at Exhibit 9. The said witness mentioned that each claimant was raising three crops in a year and was earning Rs.30,000/- per Vigha per year by sale of agricultural produces. The witness produced previous award of the Reference Court relating to the lands of this very village at Exhibit-16 in support of the claim of the claimants for enhanced compensation. In his cross - examination, the witness admitted that he was not maintaining accounts and was not able to substantiate his claim that each claimant was earning Rs.30,000/- per year per Vigha by way of sale of agricultural produces. The suggestion made to him that the bills issued by the agricultural yard indicating sale of agricultural produces by the claimants were not produced because the production of crops was less, was denied by him. However, it was admitted by him that there were no facilities for supply of water to the lands which were acquired in the instant case. It was admitted by him that they were getting water for irrigation on rent basis. The suggestion made on behalf of the acquiring bodies that the market value of his land was Rs. 4/- to Rs.5/- per Sq.Mtr., was denied by him. On behalf of the acquiring bodies no witness was examined.