MAVJIBHAI CHEHUBHAI Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) THE original claimants of Land Acquisition Case No. 46 of 2002 and its allied cases, have filed these appeals for enhancement in the quantm of compensation awarded to them by the 2nd Joint Civil Judge [S.D.], Ahmedabad [Rural] vide judgment and award dated 26/3/2004. Since these cases have been decided by common judgment, these appeals are also heard together and they are now being disposed of by this common judgment.

(2.) THE lands in question are agricultural lands and they are situated in village Makhiyav, Taluka Sanand, District Ahmedabad. The lands have been acquired for construction of Gokulpura Approach Road. Notification under section 4(1) of the Land Acquisition Act, 1894 [hereinafter referred to as 'the Act'] was published on 14/3/1997. The declaration under section 6 was published on 16/8/1997. After complying with all the necessary requirements, the Special Land Acquisition Officer made award under section 11 on 15/3/2000. He determined the market value at Rs.12/ - per sq.mtr.

(3.) I have carefully considered the submissions of learned advocates. I have also carefully perused the record of the case and in particular the oral evidence of the witnesses examined before the Reference Court. Mavjibhai Chehubhai has been examined by the claimants and his evidence is at Exh. 14. He is the owner of land bearing survey no. 176 of Makhiyav. He has deposed that he had seen the other lands under acquisition and his lands were very fertile and having irrigation facility. According to him, they obtained crop worth Rs.25,000/ - to Rs.30,000/ - after deducting all the expenses. According to him, his village is around 6 Kms., away from Sanand town. He has stated that it is connected with important centres with transport facility. He has produced on record at Exh. 13 the order of this Court referred to above. He has stated that their lands are situated at more advantageous point than the lands of Kuvar. He has further stated that the boundaries of lands to Kuvar and Makhiyav are touching each other. In the cross -examination, he has stated that his village is situated about 10 Kms., away from Sanand. He has further stated that he does not have any irrigation facility, but immediately he has added that he draws water from the adjoining field.