SPECIAL LAND ACQUISITION OFFICER Vs. JASMATBHAI MOTIBHAI

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 the common judgment and award dated December 27, 2001 rendered by the learned 2nd Joint Civil Judge (S.D.), Surendranagar, in Land Reference Case Nos.224 of 1996 to 247 of 1996 by which the claimants have been awarded additional compensation at the rate of Rs.8.30 paise per square metre for their acquired lands over and above the offer of compensation made to them at the rate of Rs.1.04 paise per square metre by the Special Land Acquisition Officer vide award dated April 24, 1995.

(2.) THE Executive Engineer, Narmada Nigam Limited, Canal Division No.2/5, Limdi, made a proposal to the State Government to acquire the lands of Village: Kotharia, Taluka: Wadhvan, District: Surendranagar, 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: Kotharia 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 October 25, 1993. Thereafter, necessary inquiry under Section 5A of the Act was conducted and the Special Land Acquisition Officer had 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: Kotharia specified in the notification published under Section 4(1) of the Act were needed for the public purpose of construction of canal under Narmada Project. Therefore, declaration under Section 6 of the Act was made, which was published in the official gazette on July 12, 1994. Thereafter, the interested persons were served with the notices for determination of compensation payable to them. On the basis of the materials placed before him, the Special Land Acquisition Officer, by his award dated April 24, 1995, offered compensation to the claimants at the rate of Rs.1.04 Paise per square metre. 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 determination of just amount of compensation payable to them. Accordingly, the References were made to the District Court, Surendranagar, where they were registered as Land Reference Case Nos.224 of 1996 to 247 of 1996.

(3.) ON behalf of the claimants, three witnesses were examined namely: (1) Kalyanbhai Makanbhai Lakum at Exhibit 17; (2) Lavjibhai Prabhubhai Dalvadi at Exhibit 55; and, (3) Ramjibhai Matrabhai Rabari at Exhibit 81. The claimants also produced copies of index of sale deeds at Exhibits 48 to 54 as well as copies of abstracts of Village Form Nos.8A and 7/12 at Exhibits 58 to 79. On behalf of the Acquiring Authorities, witness Jigneshbhai Parshottambhai was examined at Exhibit 92. The said witness produced xerox copies of sale deeds at Exhibits 87 to 91 and map of Village at Exhibit 85 for consideration of the Court.