SPECIAL LAND ACQUISITION OFFICER Vs. PATEL MULCHANDBHAI JIVANBHAI

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 common judgment and award dated August 7, 2002 rendered by the learned Extra Assistant Judge, Mehsana, in Land Acquisition Reference Nos.243 of 1999 to 250 of 1999 by which the claimants have been awarded additional amount of compensation at the rate of Rs.61.77 Paise per square metre for their acquired lands over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.4.23 Paise per square metre by his award dated June 12, 1998.

(2.) THE Executive Engineer, Narmada Project (Construction), Division No.22, Kadi, made a proposal to the State Government to acquire agricultural lands of Village: Laxmipura, Taluka: Kadi, District: Mehsana, for the public purpose of construction of Canal under Narmada Project. On perusal of the said proposal, the Government was satisfied that the lands of Village Laxmipura mentioned in the said proposal 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 April 3, 1996. 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 State Government. On the basis of the said report, the State Government was satisfied that the lands of Village: Laxmipura specified in the notification published under Section 4 of the Act were needed for the public purpose of construction of Canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on September 16, 1996. The interested persons were thereafter served with the notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed the compensation at the rate of Rs.100/ - per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated June 12, 1998, offered compensation to the claimants at the rate of Rs.4.23 Paise per square metre. 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 to their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the references were made to the District Court, Mehsana, where they were numbered as Land Acquisition Reference Nos.243 of 1999 to 250 of 1999.

(3.) ON behalf of the claimants, witness Ganpatbhai Khodidas Patel was examined at Exhibit 16. The witness claimed that the lands acquired were irrigated lands and that each claimant was able to grow three different crops in a year. According to the said witness, each claimant was able to raise crops of cumin -seed, cotton, tomato, wheat, millet, etc. and was earning net income of Rs.40,000/ - to Rs.50,000/ - per year per vigha from the sale of agricultural produces. The witness stated that Village: Laxmipura from which the lands were acquired was fully developed and that boundaries of Village: Adundara and Village: Kadi were adjoining to the boundaries of Village: Laxmipura. The witness mentioned before the Court that the lands of Village: Kadi were acquired for the public purpose of construction of a canal under Narmada Project and that in L.A.R.Nos.1136 to 1148 of 1998, the Reference Court had awarded compensation at the rate of Rs.63/ - per square metre. The witness produced a copy of the award rendered by the Reference Court in L.A.R.Nos.1136 to 1148 of 1998 at Exhibit 15 and claimed that the claimants in the instant cases should be awarded enhanced compensation on the basis of the said previous award. It was also claimed by the witness that the lands of Village: Adundara were also acquired for the public purpose of construction of Narmada Canal and that the Reference Court had awarded compensation to the claimants at the Rs.50/ - per square metre by judgment dated December 29, 2001 rendered in L.A.R.Nos.119 to 128 of 1999. The witness produced a copy of the award of the Reference Court rendered in L.A.R.Nos.119 to 128 of 1999 at Exhibit 14 and mentioned that the claimants were also entitled to enhanced compensation on the basis of the said award.