ARJANJI MAFAJI THAKOR Vs. SPL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In view of the request made by the learned advocates for the parties, all the three appeals have been taken up for disposal together. First Appeal Nos.3271 & 3272 of 2007 filed by the claimants under Section 54 of the Land Acquisition Act, 1894 ( Sthe Act for short) read with Section 96 of the Code of Civil Procedure, 1908 are directed against common judgment and award dated August 8, 2005 rendered by the Reference Court in Land Acquisition Reference Case Nos.5/2002 & 6/2002 by which the claimants have been awarded additional amount of Rs.46/- per sq.mt. for their acquired lands, over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.22/- per square metre by his award dated May 7, 2001. First Appeal No.3273 of 2007 is directed against judgment and award dated December 19, 2005 rendered by the learned Principal Senior Civil Judge, Gandhinagar, in Land Acquisition Reference No.71 of 2002, by which the claimant is awarded additional amount of compensation at the rate of Rs.33.50 paise per sq. mt. over and above the compensation offered to him by the Special Land Acquisition Officer at the rate of Rs.18/- per sq. mt. by his award made under Section 11 of the Act. The claim of the claimants in the instant appeals is that they should have been awarded further amount of compensation at the rate of Rs.90.70 Paise per sq. mt. for their acquired lands.

(2.) A proposal was received by the State Government to acquire the lands of village Uvarsad, Taluka and District Gandhinagar for the public purpose of well drilling by O.N.G.C. On perusal of the said proposal, the State Government was satisfied that the lands of village Uvarsad specified therein 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 November 27, 1998. Thereafter, necessary inquiry as contemplated by Section 5A(2) of the Act was made and a report was submitted by the Special Land Acquisition Officer to the State Government. On the basis of the said report, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on May 17, 2000. The interested persons were thereafter served with notices for determination of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.200/- per sq. mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated May 7, 2001 offered compensation to the claimants at the rate of Rs.22/- Paise per sq. mt. Yet another proposal was received by the State Government to acquire lands of village Uvarsad, Taluka & District Gandhinagar for the public purpose of drilling of Well No.K-307 K.L.D.S. of ONGC. The said proposal was accepted, as a result of which, notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on October 6, 1997 followed by a declaration made under Section 6 of the Act, which was also published in the Official Gazette on March 6, 1999. The claimant therein was offered compensation at the rate of Rs.18/- per sq. mt. by the Special Land Acquisition Officer by his award dated May 11, 2000. The claimant was of the view that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, he submitted application under Section 18 of the Act requiring the Special Land Acquisition Officer to refer his case to the Court for determination of just amount of compensation payable to him. Accordingly References were made to the District Court, Gandhinagar where they were numbered as Land Acquisition Reference Nos.5/2002, 6/2002 & 71/2002.

(3.) On behalf of the claimants witness Becharji Somaji Thakore was examined at Exhibit 25. After giving particulars of the lands acquired, the witness stated that his village was fully developed and as the lands acquired were highly fertile, each claimant was earning net income of Rs.40,000/- to Rs.50,000/- per year per Vigha from sale of agricultural produces. During the course of recording of his testimony, the said witness produced previous award of the Reference Court relating to the lands of village Uvarsad rendered in Land Acquisition Case No.30/99 at Exh.21 and claimed that as the lands acquired earlier were similar to the lands acquired in the instant cases, the claimants should be awarded enhanced compensation on the basis of the said previous award. Though, this witness was cross-examined on behalf of the acquiring authorities, nothing substantial could be elicited.