SPECIAL LAND ACQUISITION OFFICER Vs. AMARSANG GALABSANG

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 August 25, 2004 rendered by the learned Civil Judge (S.D.), Bharuch, in Land Acquisition Reference Nos.322 of 1997 to 341 of 1997 by which the claimants have been awarded additional amount of compensation at the rate of Rs.40.90 Paise per square metre for their acquired lands over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.2.10 Paise per square metre by his award dated July 17, 1995.

(2.) A proposal was made by the Executive Engineer, Narmada Yojana, Canal Distribution Division No.34, Bharuch, to the State government to acquire agricultural lands of Village Saran, Taluka: Vagra, District: Bharuch, for the public purpose of Saran Minor Canal under Narmada Project. On perusal of the said proposal, the Government was satisfied that the lands of Village Saran mentioned in the said proposal were likely to be needed for the said public purpose. Therefore, a notification under Section 4 of the Act was issued, which was published in the official gazette on March 26, 1993. Thereafter, necessary inquiry under Section 5 of the Act was made and a report, as contemplated by Section 5A(2) of the Act, was forwarded by the Special Land Acquisition Officer to the State Government. On scrutiny of the said report, the State Government was satisfied that the lands of Village: Saran specified in the notification published under Section 4 of the Act were needed for the public purpose of construction of Canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on March 11, 1994. The interested persons were thereafter served with the notices for determination of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed the compensation at the rate of Rs.50/ - per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated July 17, 1995, offered compensation to the claimants at the rate of Rs.2.10 Paise per square metre. 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 to their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the references were made to the District Court, Bharuch, where they were numbered as Land Acquisition Reference Nos.322 of 1997 to 341 of 1997.

(3.) ON behalf of the claimants, four witnesses were examined. They were: (1) Ashokbhai Bhailalbhai at Exhibit 54; (2) Mahendrabhai Nanubhai Nanavati at Exhibit 58; (3) Sanjaykumar Krishnakant Patel at Exhibit 60; and, (4) Hanumanbhai Ishwarbhai Patel at Exhibit 62.