SARDAR SAROVAR NIGAM LTD Vs. PATEL GOVINDBHAI AMRUTBHAI

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 April 30, 2005 rendered by the learned Joint District Judge, 4th Fast Track Court, Patan, in Land Acquisition Reference Case Nos.2280 of 2002 to 2293 of 2002 by which the claimants have been awarded additional amount of compensation at the rate of Rs.20/ - per square metre for their acquired lands, over and above compensation paid to them by the Special Land Acquisition Officer at the rate of Rs.1.20 Paise per square metre, vide his award dated June 15, 1996.

(2.) SARDAR Sarovar Nigam Limited, Gandhinagar, proposed to the State Government to acquire the lands of Village: Akba, Taluka: Chanasma, District: Patan, for the public purpose of construction of canal under Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of Village: Akba mentioned therein 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 June 23, 1993. The owners of the lands were thereafter served with the notices under Section 4(1) of the Act. On receipt of the notices, they opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report under Section 5A(2) of the Act to the State Government. On consideration of the said report, the State Government was satisfied that the lands of Village: Akba, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on June 11, 1994. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.30/ - per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated June 15, 1996 offered compensation to the claimants at the rate of Rs.1.20 Paise per square metre. 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, Patan, where they were registered as Land Acquisition Reference Case Nos.2280 of 2002 to 2293 of 2002.

(3.) ON behalf of the claimants, witness Baldevji Agarsang Solanki was examined at Exhibit 31. The witness mentioned in his testimony that the lands acquired were highly fertile and that each claimant was earning income of Rs.25,000/ - to Rs.30,000/ - per vigha per year from the sale of agricultural produces such as cumin -seeds, cotton, juvar, millet, wheat, etc. The witness further stated in his testimony that his village was fully developed where all the basic facilities were available. According to this witness, lands of Village: Virsoda and Village: Gunjala were acquired for the purpose of construction of canal under the Narmada Project and those acquired lands were similar in all respects to the lands acquired in the instant case. According to the said witness, the claimants were entitled to enhanced compensation on the basis of previous awards of the Reference Court relating to the lands of Village: Virsoda and Village: Gunjala. In support of his assertion that Village: Virsoda and Village: Gunjala are situated near his village, the witness produced certificate issued by the Talati at Exhibit 28. The witness further produced previous award of the Reference Court relating to the lands of Village: Virsoda at Exhibit 29 and award of the Reference Court relating to the lands of Village: Gunjala at Exhibit 30.