REVABEN RANCHHODBHAI Vs. SPECIAL LAND ACQUISITON OFFICER

JUDGEMENT

(1.) ALL the appeals arise against the Judgement and the Award passed by the Reference Court dated 10. 06. 1996 in Land Reference Case No. 295/88 to 308/88, whereby the Reference came to be dismissed by the Reference Court.

(2.) THE facts appear to be that the lands under acquisition were acquired by the Special Land Acquisition Officer, Narmada Canal Unit-V, Vadodara for Jambusar Branch of Narmada Canal. The Notification under Section 4 of the Land Acquisition Act (hereinafter after referred to as "the Act") was published in the Official Gazette on 09. 09. 1983. The Special Land Acquisition Officer, after following due procedure, passed the award on 27. 06. 1986, whereby he awarded Rs. 1300/- per hectare (Rs. 1. 30 ps. per sq. mtr.) for irrigated land and Rs. 8500/- per hectare (Rs. 0. 85 ps. per sq. mtr.) for non-irrigated land. The land owners being dissatisfied with the amount awarded by the Land Acquisition Officer raised the dispute, which ultimately came to be referred to the Reference Court for adjudication. The Reference Court found that on the aspects of yield/crop of the land in question, no sufficient material is produced and even on the aspects of sale instances, the Reference Court found that vendor or the purchaser are not examined and therefore, the Court found that in absence of any cogent material evidence as against the Award of the Land Acquisition Officer, it cannot be said that the Special Land Acquisition Officer has awarded inadequate compensation and therefore, the references were dismissed. Under these circumstances the present appeals before this Court.

(3.) I have heard Mr. Thakker for the appellants/claimants. I have also heard Mr. Chhaya, learned AGP for the respondent authorities. I have also considered the record and proceeding as well as the orders, which are permitted to be produced by this Court as per the order passed today in Civil Application No. 3362 of 2007 in First Appeal No. 1991 of 1997.