SPL LAQ OFFICER Vs. BHIKHABHAI RANCHHODBHAI PATEL

JUDGEMENT

(1.) THE short facts of the case appear to be that for the acquisition of various lands situated at Village Navi Jethardi, Taluka Kanjan the proposal was moved for Narmada Canal Project. The notification under Section 4 of the Land acquisition Act (hereinafter referred to as "the Act") was published on 20. 1. 1985 in the Government Gazette. Thereafter, the notification under Section 6 of the Act was published on 1. 10. 1985. The procedure under Section 9 of the Act was followed and on 2. 7. 1987 the award was passed by the Special Acquisition Officer (hereinafter referred to as "lao") and he awarded the compensation at Rs. 2. 25 per sq. mtrs. , to the owner of the land.

(2.) THE claimants of the land were not satisfied with the compensation and hence, they demanded more compensation by making application in the year 1988 and claimed Rs. 11. 25 per sq. mtrs. , as additional compensation. The matter thereafter came to be referred to the Reference Court for adjudication being Reference No. 626 of 1991 to No. 638 of 1991. It appears that pending the Reference before the Reference Court, the Claimants moved an application for amendment by enhancing the claim of compensation from Rs. 11. 25 to Rs. 25/- per sq. mtrs. The Reference Court after adjudication on the basis of the yield method recorded the finding that the valuation of the land would be Rs. 1,90,000/- per hectre and, therefore, the Reference Court found that the claimant would be entitled to the compensation of Rs. 19/- per sq. mtrs. The Reference Court also found that because of the severance of the land on account of the acquisition for canal, the claimant would also be entitled to 1/6th of the market value and additionally awarded the benefits as per the Scheme of the Act for the increase in the price at the rate of 12% p. a. as per Section 23 (1-A) of the Act and the solatium at the rate of 30% as per Section 23 (2) of the Act and also the interest at the rate of 9% for the first year from the date of taking over the possession and the interest at the rate of 15% for the subsequent year until the amount is deposited in the Court or realised, whichever is earlier, by passing the judgement and award dated 30th September, 2003 and it is under these circumstances, the present appeals by the State before this Court.

(3.) IT may be recorded that the State in the present proceedings of the First Appeal did submit an application to produce the additional evidence being Civil Application No. 2659 of 2007 in First Appeal No. 2271 of 2005 to Civil Application No. 2671 of 2007 in First Appeal No. 2283 of 2005, since the State was desirous to produce the map and the extract of true copy of the Village Form Nos. 7 and 12 and the Soil Report, Index etc. This Court as per the order dated 9. 4. 2007 in the said Civil Applications permitted production of the documents with the observations and clarifications that the question of evidentiary value of such document shall remain open and shall be finalized as and when the First Appeals are finally heard. Similarly, the respondent " claimants have also preferred application to produce additional evidence as that of the order of the Reference Court in respect to the acquisition of the land situated at Village Juni Jethardi and its confirmation by this Court in the proceedings of the First Appeal being Civil Application No. 6404 of 2007 in First Appeal No. 2271 of 2005 to Civil Application No. 6416 of 2007 in First Appeal No. 2283 of 2005. This Court, vide order dated 2. 5. 2007, has also permitted the production of such document, without concluding on the aspects of evidentiary value of such documents and had observed that the extent of evidentiary value of such document shall be finalized at the time when the First Appeals are finally heard. Therefore, the aforesaid documents may be required to be considered to the extent found proper by this Court for the purpose of deciding the present First Appeals.