SARADR SAROVAR NIGAM LTD Vs. PATEL GANESHBHAI CHELABHAI

JUDGEMENT

(1.) By filing the abovenumbered Appeals under Section 54 of the Land Acquisition Act, 1894 ( Sthe Act for short) read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged the common judgment and Award dated December 31, 2004, rendered by the learned Joint District Judge, 4th Fast Track Court, Patan, in Land Acquisition Reference Case Nos.1022/2002 to 1031/2002, by which, the claimants have been awarded additional compensation at the rate of Rs.50/- per sq.mt. over and above the compensation awarded to them by the Special Land Acquisition Officer by his Award dated November 27, 1997, at the rate of Rs.4.57 per. sq.mt. for their acquired lands.

(2.) A proposal was received by the State Government from Sardar Sarovar Nigam Limited, Gandhinagar, to acquire the lands of village Modhera, Taluka: Chanasma, District: Patan for the public purpose of construction of canal under the Narmada Canal Project. On consideration of the said proposal, the State Government was satisfied that the lands of village Modhera mentioned therein were likely to be needed for the said public purpose. Therefore, notification under Section 4(1) of the Act was issued which was published in the official Gazette on July 6, 1995. The land owners were served with notices under Section 4 of the Act. They objected to the proposed acquisition. After considering their objections, a report was forwarded by the Special Land Acquisition Officer to the State Government, as contemplated by Section 5A(2) of the Act. On scrutiny of the said report, the State Government was satisfied that the lands of village Modhera, specified in the notification published under Section 4(1) of the Act, were needed for the public purpose specified therein. Therefore, a declaration under Section 6 of the Act was issued which was published in the official Gazette on January 13, 1996. The interested persons were thereafter served with notices under Section 9 of the Act 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 sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his Award dated November 27, 1997, offered compensation to the claimants at the rate of Rs.4.57 ps. per sq.mt. for their acquired lands. 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 requiring the Special Land Acquisition 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.1022/2002 to 1031/2002.

(3.) On behalf of the claimants, testimony of Mr.Ishwarbhai Ambarambhai Patel was recorded at Ex.18, whereas on behalf of the acquiring authorities, witness Mr.Rameshbhai Kacharabhai Prajapati, who was discharging duties as Deputy Mamlatdar, was examined at Ex.33 and witness Mr.Yogendrakumar Jawaharlal Gupta was examined at Ex.34.