SPECIAL LAND ACQUISITION OFFICER Vs. GHANSHYAMBHAI KANTILAL PATEL

JUDGEMENT

(1.) 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 September 30,2005, rendered by the learned 4th Addl.Senior Civil Judge, Ahmedabad (R) at Navrangpura in Land Acquisition Case Nos.846/98 to 859/98, by which the claimants have been awarded additional amount of compensation at the rate of Rs.25/ - per sq.mt. for their acquired lands, over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.1.38 Ps. per sq.mt. by his award dated October 19,1996.

(2.) A proposal was received by the State Government to acquire agricultural and non agricultural lands of village Dangarwa, Taluka Viramgam, District Ahmedabad for the public purpose of construction of a canal under the Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands mentioned in the said proposal 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 August 8,1995. Necessary inquiry under Section 5 of the Act was made and a report was submitted to the State Government as contemplated by Section 5A(2) of the Act. On perusal of the said report, the State Government was satisfied that the lands of village Dangarwa specified in the Notification published under Section 4 of the Act were needed for the public purpose of construction of a canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the Official Gazette on March 27,1996. 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.50/ - per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated October 19,1996 offered compensation to the claimants at the rate of Rs.1.38 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 determination of just amount of compensation payable to them. Accordingly, references were made to the District Court, Ahmedabad ( R) at Navrangpura, where they were numbered as Land Acquisition Case Nos. 846/98 to 859/98.

(3.) ON behalf of the claimants, witness Ghanshyambhai Kantilal Patel was examined at Exh.16. The witness mentioned in his testimony before the Court that his village Dangarwa was fully developed and that the population of his village was about seven thousand to eight thousand persons. According the said witness, each claimant was able to raise different crops in different seasons. The witness elaborated that during the monsoon, each claimant was able to raise crops of millet, cereals, rose, til, juvar, vegetables and cotton whereas each claimant was also able to raise crops of Raida, cumin seeds, vegetable, fennel seeds, castor seeds, and cotton during winter season. According to the witness each claimant was able to earn Rs.1 lac per year per Vigha from the sale of agricultural produces. The witness stated that the lands situated in the sim of village Dangarwa were temporarily acquired for the purpose of ONGC for which the claimants were awarded compensation in the form of rent of the land which was fixed at Rs.11.25 Ps. per sq.mt. for three years. It was claimed by the witness that on the basis of the said previous award, the claimants were entitled to compensation at the rate of Rs.75.25 ps. per sq.mt. Though this witness was cross -examined at length by the learned counsels for the acquiring authorities, nothing substantial could be elicited.