SPECIAL LAQ OFFICER Vs. GHANSHYAMBHAI TRIKAMBHAI

JUDGEMENT

(1.) What is the questioned in these appeals which are 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 11, 2004 rendered by the learned 3rd Extra Assistant Judge and Special Judge (L.A.R.), Ahmedabad (Rural) at Ahmedabad in Land Acquisition Case No. 2029 of 1996 and 599 of 1998 to 617 of 1998, by which the claimants have been awarded additional amount of compensation at the rate of Rs. 18/- per sq.mt. for their acquired lands over and above the amount of compensation offered to them by the Special Land Acquisition Officer at the rate of Rs. 3.75 ps. per sq.mt. by his award dated September 30, 1995.

(2.) A proposal was received by the State Government to acquire the lands of village Anadej, Taluka:Sanand, District:Mehsana for the public purpose of construction of a canal under the Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of village Anadej mentioned in the said proposal 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 August 20, 1992. Thereafter necessary inquiry under Section 5 of the Act was made and a report under Section 5A(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 Anadej specified in the notification published under Section 4(1) 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. The interested persons were thereafter served with notices for determination of the amount of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 100/- per sq.mt. However, having regard to the materials placed before him the Special Land Acquisition Officer by his award dated September 30, 1995 offered compensation to the claimants at the rate of Rs. 3.75 ps. per sq.mt. 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 determination of just amount of compensation payable to them. Accordingly, references were made to District Court Ahmedabad (R) at Navrangpura where they were registered as Land Acquisition Case No. 2029 of 1996 and 599 of 1998 to 617 of 1998

(3.) On behalf of the claimants witness Chimanbhai Maganbhai Patel was examined at Exh.39. The witness stated in his evidence that the lands acquired were highly fertile and that each claimant was earning substantial income from the sale of agricultural produces. During the course of recording of his testimony the witness produced previous award of the Reference Court relating to the lands of village Chandrasan and claimed that on the basis of the said award the enhanced amount of compensation should be paid to the claimants.