SPECIAL LAND ACQUISITION OFFICER Vs. MEMUDABEN BHARATSANG JASBHA

JUDGEMENT

(1.) The Special Land Acquisition Officer, Narmada Yojna, Unit-7, Bharuch, appellant has filed these appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908 against the judgment and award dated 25/8/2004 passed by the learned Civil Judge (SD), Bharuch in Land Reference Case Nos.343 of 1997 to 361 of 1997. By the impugned judgment, the learned Judge was pleased to allow the reference cases and held that the claimants are entitled to receive Rs.40.90 per sq. mt. for the acquired lands as an additional compensation over and above the compensation already awarded by the Special Land Acquisition Officer.

(2.) It may be noted that the Land Acquisition Officer has awarded Rs.2.10 per sq. mt. as compensation for the acquired lands. So, now, in all the claimants are entitled to receive Rs.43/- per sq. mt. in this behalf. The learned Judge has further held that notification under Section 4 of the Land Acquisition Act i.e. 22/4/1993 to the date of award passed by the Special Land Acquisition Officer i.e. 31/3/1995 as provided under Section 23(1)(A) of the Land Acquisition Act, the claimants are entitled to receive increase at the rate of 12% and also held that the claimants are entitled to receive 30% solatium and 9% interest per annum for the period of one year from the date of taking over the possession of the acquired land and thereafter, at the rate of 15% per annum on aggregated amount i.e. additional award, solatium, 12% increase under section 23(1)(A) of the Land Acquisition Act till the amount is fully paid or deposited.

(3.) Proposal was made by Executive Engineer, Narmada Yojna Canal Distribution Vibhag 2/6, Bharuch to the State Government to acquire the lands of village Saran, Taluka-Vagra, District-Bharuch for the purpose of construction of saran Minor Canal of Narmada Yojna of Sardar Sarovar Narmada Nigam Ltd. On perusal of the said proposal, the Government was satisfied that the lands of village Saran mentioned in the said proposal were likely to be needed for the said public purpose. Therefore, the State Government has issued notification under Section 4 of the Land Acquisition Act which was published in the official Gazette on 22/4/1993. Thereafter, necessary inquiry under Section 5 of the Act was made and a report, as contemplated by Section 5(A)(2) of the Act was forwarded by the Special Land Acquisition Officer to the Government. On scrutiny of the same, the Government was satisfied that the lands of village Saran were needed for public purpose i.e. or construction of canal under Narmada Project. Therefore, declaration under Section 6 was made which was published on 16/3/1994. 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 the compensation at the rate of Rs.50/- per sq. mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated 31/3/1995, awarded compensation at the rate of Rs.2.10 per sq. meter to the claimants for the acquired lands. The claimants were of the opinion that the compensation awarded by the Land Acquisition Officer was totally inadequate. Therefore, they submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer to their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the Reference Cases were made to the District Court, Bharuch which were numbered as Land Acquisition Reference Case Nos. 343 of 1997 to 361 of 1997.