SPECIAL LAND ACQUISITION OFFICER Vs. SHIVABHAI CHHAGANBHAI

JUDGEMENT

(1.) Admitted. Mr.G.M.Amin, 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.) The Executive Engineer, Narmada Yojna, Division No.3/5, Dholka, proposed to the State Government to acquire lands of village Sarandi, Taluka : Dholka, District : Ahmedabad for the public purpose of construction of a canal under Narmada Project. On perusal of the same, the State Government was satisfied that the lands of village Sarandi 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 November 13, 1992. The interested persons were served with notices as required by Section 4 of the Act. They had lodged their objections against the proposed acquisition. After making necessary inquiry, the Special Land Acquisition Officer forwarded his report to the State Government as contemplated by Section 5A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of village Sarandi mentioned in the notification published under Section 4 of the Act were needed for the public purpose of construction of a canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on October 19, 1993. 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. 30/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated October 18, 1995 offered compensation to the claimants at the rate of Rs.1.35 Ps. per sq.mt. for irrigated lands and Rs. 0.90 Ps. for non-irrigated lands. The claimants were of the opinion that the offer of compensation made to them 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 (R) at Navrangpura, where they were numbered as Land Acquisition Cases No.1768 of 1996 to 1780 of 1996.

(3.) On behalf of the claimants, witness Mafabhai Virambhai Bharvad was examined at Exh.36. After giving particulars of the lands acquired, the witness stated that all the lands acquired were even and irrigated. According to the said witness, each claimant was able to raise crops of cotton, paddy, cumin-seeds, wheat, juvar etc. What was asserted by the witness was that each claimant was earning net income of Rs.40,000/- per year per Bigha from the sale of agricultural produces. The witness further informed the Court that the boundaries of his village were touching the boundaries of village Kariyana. What was pointed out by the said witness to the Court was that the lands of village Kariyana were also acquired for the purpose of construction of a canal under Narmada Project and that the Reference Court had awarded compensation to the claimants in those cases at the rate of Rs.21/- per sq.mt. The witness produced award of the Reference Court relating to the lands of village Kariyana at Exh.21. The witness also produced D.L.R.Map at Exh.24 to indicate that the boundaries of the two villages were common. According to this witness, the lands which were acquired from village Kariyana were similar, in all respects, to the lands acquired in the instant case.