SPECIAL LAQ OFFICER Vs. RATILAL CHUNILAL

JUDGEMENT

(1.) SPECIAL Land Acquisition Officer, Narmada Project Unit-12, Bharuch and Executive Engineer, Narmada Yojna Naher Division No. 2/3, Karjan, Dist. Baroda appellants herein- original opponents have filed these appeals under Section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 24. 02. 2005 passed by the learned Civil Judge (S. D.), Bharuch in Land Acquisition Reference Case Nos. 1414 of 1997 to 1419 of 1997, Main Case No. 1414 of 1997. By the impugned judgment, learned Judge has pleased to partly allow the reference applications for proportionate cost. The learned Judge has held that the applicants are entitled to receive market price on their acquired land at the rate of Rs. 36. 50 per sq. mtr. as additional amount of compensation in Compensation Case No. 13 of 1995 over and above compensation of Rs. 4. 17 per sq. mtrs. which was awarded by the Special Land Acquisition Officer, that means the learned Judge awarded in all Rs. 40. 67 ps. per sq. mtrs. The learned Judge has also awarded other amount as per the provisions of the Land Acquisition Act. The State Government has sent a proposal to acquire lands of village Sarbhan, Taluka Amod, District Bharuch for the purpose of construction of Sarbhan branch minor canal of Narmada Yojna which is for the public purpose. The total land which was sought to be acquired was 6070 sq. mtrs. On perusal of the said proposal, the State Government was satisfied that the lands of village Sarbhan, Taluka Amod, District Bharuch were likely to be needed for the said purpose. In view of the same, the State Government issued a Notification under Section 4 (1) of the Act, which provides Publication of preliminary notification and powers of officers thereon. The said notification was published in official Gazette on 08. 02. 1996. After the said notification, the notice was served on the owners of the land. The said owners have filed their objections against the proposed acquisition. After considering their objections, the Special Land Acquisition Officer submitted his report under Section 5a (2) of the Act, which provides hearing of objections, to the State Government. Considering the said report, the State Government was satisfied with the lands of village Sarbhan, which were specified in that Notification published under Section 4 of the Act were needed for the purpose of construction of Sarbhan branch minor canal of Narmada Yojna. Thereafter, the State Government decided to issue notification under Section 6 of the Act which provides declaration that land is required for a public purpose. The said notification was published in the Official Gazette on 06. 08. 1996. After issuance of the said notification, notices were sent to the interested persons in this behalf.

(2.) AFTER considering the material placed before him, the Special Land Acquisition Officer passed an award dated 31. 01. 1997 under Section 11 of the Act which provides Enquiry and award by Collector. The Special Land Acquisition Officer awarded compensation at the rate of Rs. 4. 17 per sq. mtrs. to the claimants.

(3.) AS the claimants were of the opinion that the amount of offer of the compensation passed by the Special Land Acquisition Officer was inadequate and, therefore, they have filed an application in writing requiring the Special Land Acquisition Officer to refer the matter to the Court for determining the just amount of compensation payable to them under Section 18 of the Act which provides Reference to Court. It may be noted that the said section falls within Part III of the Act which also provides Reference to Court and procedure thereon.