SPECIAL LAND ACQUISITION OFFICER Vs. ZALA SURUBHA GANUBHA

JUDGEMENT

(1.) ADMITTED . Mr.G.M.Amin, learned counsel, waives service of notice on behalf of the claimant/claimants in each appeal. Having regard to the facts of the case as well as in view of the joint request made by the learned counsels for the parties, the appeals are taken up for final disposal today.

(2.) BY filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("The Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged the legality of common judgment and award dated July 30, 2005 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in Land Acquisition Case No.305 of 1999 to Land Acquisition Case No.310 of 1999 by which the claimants are awarded additional compensation at the rate of Rs.35.90 paise per sq. mt., over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.1.09 paise per sq.mt. vide his award dated February 20, 1999, for their acquired lands.

(3.) A proposal was received by the State Government to acquire the lands of village Mota Tradia, Taluka Dhandhuka, District Ahmedabad, for the public purpose of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands of village Mota Tradia 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 14, 1997. The landowners were served with notices as required under Section 4(1) of the Act. They objected to the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report under Section 5 -A(2) of the Act to the State Government. On scrutiny of the said report, the State Government was satisfied that the lands of village Mota Tradia, which were specified in the Notification published under Section 4(1) of the Act in the Official Gazette on March 14, 1997 were needed for public purpose of Narmada Canal. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on December 16, 1997. 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.50/ - per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated February 20, 1999 offered compensation to the claimants at the rate of Rs.1.09 paise per sq.mt. The claimants were of the view that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they filed applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer the matter to the Court for determination of just amount of compensation payable to them. Accordingly references were made to the District Court, Ahmedabad (Rural), where they were numbered as Land Acquisition Case No.305 of 1999 to Land Acquisition Case No.310 of 1999.