SPECIAL LAND ACQUISITION OFFICER Vs. CHUNIBHAI BAJIBHAI PATEL

JUDGEMENT

(1.) Special Land Acquisition Officer, Narmada Project Unit-12, Bharuch and Executive Engineer, Narmada Yojna Naher Division No.2/3, Karjan, Dist. Baroda, appellants herein original opponents have filed these appeals under Section 54 of the Land Acquisition Act, 1894 ('the Act' for short) against the judgment and award dated 27/1/2005 passed by the learned Civil Judge (SD), Bharuch in Land Acquisition Reference Case No.748 of 1998 to 751 of 1998, main case No.751 of 1998. By the impugned judgment, learned Judge was pleased to partly allow the reference applications with proportionate costs. The learned Judge has held that the applicants are entitled to receive market price on their acquired land at the rate of Rs.32.50 per sq. mtr. as additional amount of compensation in Compensation Case No.112 of 1995, over and above compensation of Rs.4.09 per sq. mtr. for irrigated land and Rs.2.73 per sq. mtr. for non-irrigated land which means that in all, the learned Judge has awarded Rs.40.59 per sq. mtr. and Rs.39.23 per sq. mtr. respectively. The learned Judge has also awarded the other consequential benefits as per the provisions of the Act.

(2.) The State Government has sent a proposal to acquire the lands of village Sarbhan, Taluka Amod, District Bharuch, for the purpose of construction of Sarbhan Prashakha-1 Canal of Narmada Yojna which is for the public purpose. On perusal of the said proposal, the State Government was satisfied that the lands of village Sarbhan, Taluka Amod, District Bharuch were likely to be needed for the said purpose. In view of the same, the State Government issued a Notification under Section 4(1) of the Act, which provides publication of preliminary notification and powers of officers thereon. The said notification was published in Official Gazette on 22/3/1996. After the said notification, the notice was served on the owners of the lands. The said owners have filed their objections against the proposed acquisition. After considering their objections, the Special Land Acquisition Officer submitted his report under Section 5(A) of the Act, which provides hearing of objections, to the State Government. Considering the said report, the State Government was satisfied with the lands of village Sarbhan were needed for the purpose of construction of Sarbhan Prashakha-1 Canal of Narmada Yojna. Thereafter, the State Government decided to issue notification under Section 6 of the Act which provides declaration that the land is required for a public purpose. The said notification was published in the Official Gazette on 1/10/1996. After issuance of the said notification, notices were sent to the interested persons in this behalf.

(3.) After considering the material placed before him, the Special Land Acquisition Officer passed an award dated 29/11/1997 under Section 11 of the Act which provides inquiry and award by collector. The Special Land Acquisition Officer awarded compensation at the rate of Rs.4.09 per sq. mtr. to the claimants for irrigated land and Rs.2.73 per sq. mtr. for non-irrigated land.