SPL.LAQ OFFICER Vs. IBRAHIMBHAI KASAMBHAI GHANCHI

JUDGEMENT

(1.) Admitted. Mr. Padmraj K.Jadeja, learned counsel, wavies service of notice on behalf of respondent No.1. Mr. B.S.Brahmbhatt, learned counsel, waives service of notice on behalf of respondent Nos.2/1 to

(2.) /5 and 3. Mr.K.D.Pandya, learned AGP, states at the Bar that the interest of the appellant and that of the respondent No.4 is identical and not in conflict at all. In view of the statement made at the Bar by the learned AGP, this Court is of the opinion that it is not necessary for the appellant to effect service of notice of admission of this appeal upon respondent No.4. Having regard to the facts of the case,the appeal is taken up for final disposal today. 2. By filing the instant appeal under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, what is challenged is the legality of common judgment and award dated August 31,2004, rendered by the learned 3rd Extra Assistant Judge and Special Judge (L.A.Q.),Ahmedabad (R) at Navrangpura, in Land Acquisition Case No.1258 of 1998, by which the claimants have been awarded additional amount of compensation at the rate of Rs.60.80 Ps. 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.3/ - per sq.mt. by his award dated August 30,1994.

(3.) A proposal was made by the Executive Engineer, Narmada Yojana, Division No.4/3, Kadi, District Mehsana to acquire five survey Numbers of Viramgam Town, District -Ahmedabad for the public purpose of construction of Branch Canal No.2 under 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 of the Act was issued which was published in the Official Gazette on August 30,1992. The land owners were served with notices under Section 4 of the Act. On receipt of notices, they opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report as contemplated by Section 5A (2) of the Act to the State Government. On consideration of the said report, the State Government was satisfied that the lands specified in the notification published under Section 4 (1) of the Act were needed for the public purpose of construction of Branch Canal No.2 under Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was also published in the Official Gazette on September 21,1993. The interested persons were thereafter served with the notices under Section 9 of the Act for determination of the compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.150/ - per square meter. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated August 30,1994 offered compensation to them at the rate of Rs.3/ - per sq.mt. The claimants were of the opinion that the offer made by the Special Land Acquisition Officer regarding compensation was inadequate. Therefore, they submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their case to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the reference was made to the District Court, Ahmedabad (R), were it was registered as Land Acquisition Case No.1258 of 1998.