SPECIAL LAND ACQUISITION OFFICER Vs. JALUBHAI VIRSANGBHAI

JUDGEMENT

(1.) ADMITTED . Mr. A.J.Patel, learned Counsel, waives service of notice on behalf of the claimant/s in each appeal. Having regard to the facts of the case, 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 common judgment and award dated May 6, 2006 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura, in Land Acquisition Case Nos.295 to 307 of 1996 and 560 of 1998, by which the claimants have been awarded additional amount of compensation at the rate of Rs. 22/ - per sq.mt. for their acquired lands over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs. 1.27 ps. per sq.mt. by his award dated March 31, 1995.

(3.) THE Executive Engineer, Narmada Yojana, Division No.3/5, Dholka, made a proposal to the State Government to acquire agricultural lands of village Valthera, Taluka : Dholka, District : Ahmedabad for the public purpose of construction of canal under the Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of village Valthera mentioned 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 April 21, 1993. After taking into consideration the objections filed by the owners of the lands, report under Section 5A(2) of the Act was forwarded 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 February 9, 1994. 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. Having regard to the material placed before him, the Special Land Acquisition Officer by his award dated March 31, 1995 offered compensation to them at the rate of Rs.1.27 ps. per sq.mt. 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 determining just amount of compensation payable to them. Accordingly, references were made to the District Court, Ahmedabad (Rural), where they were numbered as Land Acquisition Case Nos.295 to 307 of 1996 and 560 of 1998.