MALABHAI HARJIBHAI Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) These Appeals for enhancement of compensation filed by the original claimants under Section 54 of the Land Acquisition Act ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, are directed against the common judgment and award dated April 20, 2001, rendered by the learned 5th Joint Civil Judge (S.D.), Surendranagar, in Land Reference Case No. 3/1998 to 14/1998 by which they have been awarded additional amount of compensation at the rate of Rs.0.85 ps. per sq.mt. for their acquired irrigated lands over and above the compensation offered to them at the rate of Rs.0.75 ps. per sq.mt. by the Special Land Acquisition Officer vide award dated October 10, 1995.

(2.) The Executive Engineer, Narmada Yojana, Division 1/1, Surendranagar, proposed to the State Government to acquire certain irrigated lands of village Babajipura, Taluka: Lakhtar, District: Surendranagar, for the purpose of construction of Saurashtra Branch Canal under the Narmada Project. On perusal of the same, the State Government was satisfied that the lands of village Babajipura, 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 Government Gazette on August 20, 1992. Those whose lands were sought to be acquired were served with notices and an inquiry as contemplated under the Act was conducted. On conclusion of inquiry, the Special Land Acquisition Officer forwarded his report under Section 5A(2) of the Act to the State Government. On consideration of the same, the State Government was satisfied that the lands of village Babajipura mentioned in the notification published under Section 4(1) of the Act in the official Gazette were needed for the public purpose of construction of Saurashtra Branch Canal under the Narmada Project. Therefore, a declaration under Section 6 of the act was made which was published in the official Gazette on February 9, 1993. The interested persons were thereafter served with notices for determination of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 75 per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated October 10, 1995, offered compensation to them at the rate of Rs.0.75 ps. per sq.mt. The claimants were of the opinion that the offer of compensation made to them was totally negligible. 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, Surendranagar, where they were registered as noticed earlier.

(3.) On behalf of the claimants, witness Mr. Gebabhai Jalubhai was examined at Ex.15. After giving particulars of the lands acquired, the witness mentioned that the lands acquired were highly fertile as a result of which the claimants were able to raise crops of Millet, Cumin Seeds, Onion, etc. In order to support his claim that the lands acquired were highly fertile, the witness produced copies of Village Form No. 7/12 at Exs.16 to 28. The witness further mentioned that each claimant was able to raise 15 Maunds of Cumin Seeds per Vigha, price of which at the relevant time was Rs. 2,000/- per Maund. The witness also asserted that each claimant was able to raise crop of 150 Maunds of Onion per Vigha price of which at the relevant time was Rs. 60 per Maund. The witness mentioned that the lands acquired had high potential value inasmuch as Viramgam GIDC was situated quite near the lands acquired. What was mentioned by the witness before the Court was that each claimant was able to earn net income of Rs. 50,000/- to Rs. 60,000/- per year per Vigha from the sale of agricultural produces.