STATE OF GUJARAT Vs. HARIVADA SOMNATH

JUDGEMENT

(1.) ADMITTED . Mr.Amit C.Nanavati, learned Counsel, waives service of notice on behalf of the claimant/s in each appeal. Having regard to the facts of the case, the appeals are taken up for final disposal today.

(2.) 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 award dated November 30, 2004, rendered by the learned 2nd Extra Assistant Judge and Special Judge (L.A.R) Ahmedabad (Rural) at Ahmedabad, in Land Acquisition Cases No. 498 and 499 of 1999, by which the claimants have been awarded additional amount of compensation at the rate of Rs.21.60 Ps.per sq.mt. for their acquired lands, over and above the compensation awarded to them at the rate of Rs. 1.65 ps. per sq.mt. for irrigated lands and Rs.1.10 ps. for non -irrigated lands by the Special Land Acquisition Officer vide award dated April 20, 1998.

(3.) A proposal was received from the Executive Engineer, Narmada Project Goraiya Branch Canal to acquire Survey Nos. 498 and 499 of village Detroj, Taluka : Viramgam, District : Ahmedabad, for the public purpose of construction of canal under Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of village Detroj as mentioned in the said proposal were likely to be needed for the said public purpose. Therefore, notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on July 27, 1995. The landowners were served with the notices under Section 4(1) of the Act and they had filed their objections against the proposed acquisition. After considering their objections, a report as contemplated by Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On considering the said report, the State Government was satisfied that Survey Nos.498 and 499 of village Detroj were needed for the public purpose of construction of canal under Narmada Project. Therefore, a declaration under Section 6 was made, which was published in the Official Gazette on February 13, 1996. 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. 25/ - per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated April 20, 1998 offered compensation to the claimants at the rate of Rs. 1.65 ps. per sq.mt. for irrigated lands and Rs. 1.10 ps. per sq.mt. for non -irrigated lands. The claimants were of the opinion that the offer of compensation made to them 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, Ahmedabad (Rural), where they were registered as Land Acquisition Case Nos.498/99 and 499/99.