SPECIAL LAQ OFFICER Vs. RANCHHODBHAI FULABHAI PATEL

JUDGEMENT

(1.) Admitted. Mr. Trilok J. Patel, learned Counsel, waives service of notice on behalf of the claimant/ claimants in each Appeal. Having regard to the facts of the case, the Appeals are taken up for final disposal today.

(2.) By filing these Appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short), read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged the legality of common judgment and award dated December 12, 2005, rendered by the learned 8th Additional Senior Civil Judge, Vadodara, in Land Reference Cases No. 799/1992 to 809/1992, 319/1992, 320/1992, and 509/1995 to 513/1995 by which the claimants have been awarded additional amount of compensation at the rate of Rs. 92/- per sq.mt. for their acquired lands over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs. 4/- per sq.mt. by his award dated May 20, 1989.

(3.) The Executive Engineer, Narmada Yojana Canal Division No. 8, Dabhoi, District: Vadodara, proposed to the State Government to acquire the lands of village Dabhoi situated at Dabhoi-Tilakwada Highway and Dabhoi-Karjan road for the public purpose of construction of a canal at village Por under the Narmada Project. On consideration of the said proposal, the State Government was satisfied that the lands of village Dabhoi 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 December 15, 1986. The owners of the lands were thereafter served with notices under Section 4 of the Page 0982 Act and an inquiry was made. On completion of inquiry, necessary report, as contemplated by Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On consideration of the said report, the State Government was satisfied that the lands of village Dabhoi specified in the notification published under Section 4(1) of the Act were needed for the public purpose of construction of a canal at village Por under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the Government Gazette on March 19, 1987. Thereafter, the interested persons were served with notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 150/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated May 20, 1989, offered compensation to the claimants at the rate of Rs. 4/- per sq.mt. for irrigated lands and Rs. 3/- per sq.mt. for non-irrigated lands. 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, References were made to the District Court, Vadodara, where they were numbered as noticed earlier.