JASHWANT KALIDAS PATEL Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894 [hereinafter referred to as the "Act"]. It is filed by the original claimant for enhancement of the compensation. According to him, the compensation awarded by the learned Extra Assistant Judge, Mehsana in Land Reference Case No. 1269 of 1995 by judgment and award dated 5th September, 2000 is inadequate. The Court has awarded Rs.40=00 per sq. mtr., According to the appellant the rate of compensation ought to have been Rs.62=00 per sq. mtr.

(2.) THE land in question is agricultural land and it is situated at village Ganapatpura, Taluka Kalol, District Mehsana. It was needed for the purpose of constructing Narmada Canal Projec. Hence, notification under Section 4(1) of the Act was published on 1st November, 1991 followed by declaration under Section 6 of the Act, published in the Government Gazette on 30th April, 1992. After complying with all the necessary formalities, the Special Land Acquisition Officer, Narmada, who is respondent no. 1 made the award under Section 11 of the Act and awarded Rs.2.70 per sq. mtr., by way of compensation.

(3.) BEING aggrieved by the rate of compensation fixed by respondent no. 1, the appellant submitted an application under Section 18 of the Act to the Collector with a request to make reference to the Civil Court for enhancement of the compensation, which ultimately culminated into Land Acquisition Reference Case No. 1269/1995. Along with present reference case, three other reference cases were also heard by the Civil Court. Before the Reference Court it was averred that the amount awarded by respondent no. 1 was hopelessly inadequate and the rate of compensation was required to be substantially increased. According to them, village Ganapatpura was ideally situated and it had number of commercial as well as industrial units. According to the claimants the lands had great potential, since it was situated in the vicinity of places like Gandhinagar, Kalol etc. On the basis of the same, the appellant demanded Rs.100=00 per sq. mtr., by way of compensation. The claim was resisted by the respondents by filing written statement. According to them, the award made by the Special Land Acquisition Officer was just and proper and there was no need to enhance the quantum of compensation.