SPECIAL LAND ACQUISITION OFFICER Vs. KALUBHAI BABABHAI VALAND

JUDGEMENT

(1.) 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 judgment and award dated September 30,2005, rendered by the learned 4th Addl.Senior Civil Judge, Ahmedabad (R) at Navrangpura in Land Acquisition Case Nos.203/99 to 215/99, by which the claimants have been awarded additional amount of compensation at the rate of Rs.28/ - per sq.mt. for their acquired lands, over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.1.38 Ps. per sq.mt. by his award dated August 10,1998.

(2.) A proposal was received by the State Government to acquire agricultural and non agricultural lands of village Dangarwa, Taluka Viramgam, District Ahmedabad 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 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 September 4,1996. Thereafter, necessary inquiry under Section 5 of the Act was made and a report was submitted to the State Government as contemplated by Section 5A(2) of the Act. On scrutiny of the said report, the State Government was satisfied that the lands of village Dangarwa specified in the Notification published under Section 4(1) of the Act were needed for the public purpose of construction of a canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the Official Gazette on March 12,1997. The interested persons were thereafter served with notices for determination of compensation payable to them. Accordingly the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.50/ - per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated August 10,1998 offered compensation to the claimants at the rate of Rs.1.38 Ps. per sq.mt. The claimants were of the opinion that the offer of compensation made 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 ( R) at Navrangpura, where they were numbered as Land Acquisition Case Nos. 203/99 to 215/99.

(3.) ON behalf of the claimants, witness Chandrasankar Umiyasankar Pandya was examined at Exh.13. The witness mentioned in his testimony before the Court that his village Dangarwa was fully developed and that the lands acquired were highly fertile. The witness also stated that each claimant was able to raise three crops in a year and that each claimant was able to earn income of Rs.1 lac per year per Vigha, from the sale of agricultural produces like millet, cereals. Cotton, cumin seeds, etc. The witness referred to award made by the Special Land Acquisition Officer relating to temporary acquisition of lands, situated in the sim of village Dangarwa which were acquired for the public purpose of ONGC and claimed that on the basis of that award, each claimant was entitled to compensation at the rate of Rs.75.25 Ps. per sq.mt. Though this witness was examined at length by the learned counsels for the acquiring authorities, nothing substantial could be elicited.