SPL LAQ OFFICER Vs. HUSENBHAI ALIARAKHABHAI

JUDGEMENT

(1.) What is challenged in the above numbered 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 February 27, 2002 rendered by the learned 2nd Extra Assistant Judge & Special Judge (LAR), Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos. 653 of 1995 to 672 of 1995 by which the claimants have been awarded additional amount of compensation at the rate of Rs. 79.00 Paise per square metre for their acquired lands over and above the compensation offered to them at the rate of Rs. 6.00 Paise per square metre by award dated January 21, 1994 made by the Special Land Acquisition Officer under Section 11 of the Act. The claimants by filing Cross Objections claim that they should have been awarded interest from the date on which possession of the lands acquired was taken and not from the date of publication of notification issued under Section 4 of the Act and that they should also have been awarded interest on the amount awarded under Section 23(1-A) of the Act

(2.) The Executive Engineer, Narmada Project, Main Canal, Construction Division Nos. 3/2, Gandhinagar, proposed to the State Government to acquire lands of Village: Telav, Taluka: Sanand, District: Ahmedabad for the public purpose of construction of Dholka Branch Canal under Sardar Sarovar Project. On perusal of the same, the State Government was satisfied that the lands of Village: Telav mentioned therein 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 September 24, 1991. Thereafter, necessary inquiry was conducted under Section 5A of the Act after which a report was submitted by the Special Land Acquisition Officer to the State Government as contemplated by Section 5-A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of Village: Telav specified in the notification published under Section 4(1) of the Act were needed for the public purpose of construction of Dholka Branch Canal under Sardar Sarovar Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on July 8, 1992. The interested persons were thereafter served with the 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. 100.00 per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs. 6.00 per square metre for their lands by award dated January 21, 1994. The claimants were of the opinion that the offer of compensation made to them 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, the references were made to the District Court, Ahmedabad (Rural) at Navrangpura, where they were numbered as Land Acquisition Case Nos. 653 of 1995 to 672 of 1995.

(3.) On behalf of the claimants, witness Mr. Abbasbhai Kamalbhai was examined at Exhibit 55. The witness stated before the Court that the lands acquired were even and fertile lands and as irrigation facilities were available, each claimant was able to raise two to three different crops in a year. The witness further asserted that each claimant was able to earn net income of Rs. 45,000.00 per year per vigha from the sale of agricultural produces. The witness maintained before the Court that the boundaries of Village: Sanand, Village: Kaneti, Village: Shela, Village: Sanathal, Village: Kolat were touching the boundaries of Village: Telav. According to this witness, Village: Telav was within the limits of Ahmedabad Urban Development Authority (AUDA). The witness stated that Village: Telav was situated at a distance of 1 Kilometre away from Village: Ghuma whereas Village: Godhavi was situated at a distance of 3 Kilometres away from Village: Ghuma and Sarkhej Cross Roads was situated at a distance of 3 Kilometres away from the acquired lands. It was also mentioned by the said witness that the lands acquired were near Ahmedabad-Sarkhej-Sanand-Viramgam Highway and four different roads were passing from Village: Telav, i.e. Telav-Sanand Road, Sanand-Santhal Road, Sanand-Sagodara-Bavla Highway etc.. According to this witness, Village: Telav was fully developed and facilities such as; banks, cooperative societies, telephone, railway station, dispensaries, private hospitals, S.T.Bus, etc. were available in the village. The witness mentioned that the biggest water-park of Asia, i.e. Goyal Water Park, was also situated in Village: Telav and Saffrony Bungalows as well as big societies had come up in the village. According to this witness, Sanand Railway Station and market yard were situated only at a distance of 1 Kilometre away from Village: Telav. This witness was cross examined by the learned Counsel for the Acquiring Authorities. In his cross-examination, the witness mentioned that he was not knowing about correct prices of the lands prevailing in his village at the relevant time. Though this witness was cross-examined at length, nothing substantial could be elucidated.