EXECUTIVE ENGINEER Vs. PATEL SURESHBHAI TRIBHOVANDAS

JUDGEMENT

(1.) By filing these 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 legality of common judgment and award dated July 29,2005, rendered by the learned Principal Senior Civil Judge, Mehsana in Land Reference Case Nos. 5265 to 5276 of 2003 and 5278 to 5288 of 2003, by which the claimants have been awarded additional amount of compensation at the rate of Rs.277/- per sq.mt. for their acquired lands, in addition to compensation offered to them at the rate of Rs.11/- per sq.mt. by the Special Land Acquisition Officer vide award dated January 6,2003.

(2.) The Executive Engineer, Dharoi Canal Scheme No.3, Visnagar proposed to the State Government to acquire the lands of village Unava, Taluka Unjha, District Mehsana for the public purpose of construction of a canal under Dharoi Canal Project. On perusal of the same, the State Government was satisfied that the lands 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 July 26,2002. The owners of the lands were served with notices as required by Section 4 of the Act and an inquiry was conducted. On conclusion of inquiry, a 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 same, the State Government was satisfied that the lands of village Unava, specified in the Notification published under Section 4 of the Act, were needed for the public purpose of construction of canal under the Dharoi Canal Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on December 4, 2002. The interested persons were thereafter 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.500/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.11/-per per sq.mt. by his award dated January 6,2003. 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 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,Mehsana, where they were registered as noticed earlier.

(3.) On behalf of the claimants, witness Sureshbhai Tribhovandas Patel was examined at Exh.37. After giving particulars of the lands acquired, the witness mentioned that all the lands were fertile as a result of which each claimant was able to raise crops of cumin seeds, spogel seeds, fennels, cotton, wheat etc. during the winter whereas each claimant was able to raise crops of millet,Juwar, pioneer, etc during summer and each claimant was able raise crops of millet, cotton, fennel, Juwar, Tuwar, etc. during monsoon. The witness maintained that each claimant was able to earn substantial income from the sale of different agricultural produces. After mentioning that price of the lands situated in his village ten years before was Rs.2 lacs per Vigha, the witness maintained that at the time when the notification was published under section 4 of the Act, the price of the lands situated in his village was between 5 lacs to 7 lacs per Vigha, but lesser amount was indicated in sale deeds to avoid payment of stamp duty. The witness maintained before the court that just adjoining his village, village Unjha is situated and that the boundaries of both the villages were touching each other. The witness also maintained that the lands of village Unjha were similar in all respects to the lands of his village and National Highway No.8 was passing through his village. According to this witness, on both the sides of National Highway, industrial units, Banks, big factories, etc. had com up. In order to substantiate his claim that distance between his village and Unjha town was nil, the witness produced Certificate issued by Talati-cum-Mantri of Unava Gram Panchayat at Mark 8/29. The witness further stated that from his village land admeasuring 2735 sq.mt. of Survey No.303/1 was disposed by District Panchayat, Mehsana vide order dated January 1, 1999 at the rate of Rs.565/- per sq,mt. In order to substantiate this claim, the witness produced copy of the order at mark 8/27. In order to substantiate his claim that the boundaries of both the villages were touching each other, the witness produced village Map at mark 8/30. The witness informed the court that earlier the lands of village Unjha were acquired for construction of Canal under Sipu Project and that the Reference Court had awarded higher compensation as a result of which on the basis of said award, they were entitled to enhanced compensation. The witness produced previous award of the Reference Court relating to the lands of village Unjha at Exh.34. The witness maintained before the Court that a market yard was situated in his village Unava and that it was one of the most important places of pilgrimage for Muslims. The witness further stated before the Court that ancient Jain temples and Jain Caravanserai were also situated in the village. According to this witness, several financial institutions such as State Bank of India, Unava Nagarik Sahakari Bank, Mehsana District Central Co-operative Bank, Mangal Deep Credit Co-operative Society, Maruti Credit Co-operative Society were situated in his village and all educational facilities were also available. The witness also claimed that in his village there was a big bus-stand from which express buses were available to reach other parts of the State.