SPECIAL LAND ACQUISITION OFFICER Vs. HEMUBHAI JERAMBHAI

JUDGEMENT

(1.) THIS entire group of First Appeal has arisen from the common judgment and award made by the Joint District Judge, at Dhranghdhara in Land Acquisition Reference Case No. 1/1998 and its allied matters, dated 8th September, 2003. They are heard together and now they are being disposed of by this common judgment.

(2.) THE appeals are filed by the Special Land Acquisition Officer, Narmada Project Unit No. II and the Executive Engineer, Narmada Yojana, Saurashtra Branch Canal, Unit No. 1/1. The lands in question are situated at village Hebatpur, Taluka Dasada, District Surendrangar. Since the need to acquire them for the purpose of constructing Narmada Canal, Saurashtra Branch Canal arose, at the instance of the State Government, Notification under Section 4 of the Land Acquisition Act, 1894 [hereinafter referred to as the "Act"] was published on two different dates in respect of different lands i.e., on 20th August, 1992 in respect of lands covered under LAQ No. 131/1992 and on 6th October, 1992 in respect of lands covered under LAQ No. 147/1992. Later on declaration under Section 6 of the Act was made on 31st March, 1993 in respect of lands covered under LAQ No. 131/1992 and on 3rd May, 1993 in respect of lands covered under LAQ No. 147/1992. After complying with all the necessary formalities appellant no. 1 made the award dated 26th October, 1994 and determined the market value for the irrigated land at Rs.2.25 per sq. mtr., and for non -irrigated land at Rs.1.50 per sq. mtr. For waste land the price was determined at Rs.0.10 paise. By second award in respect of lands covered under LAQ No. 147/1992 dated 24th February, 1995, appellant no. 1 applied the same rate. Since the respondents were dissatisfied with the quantum of compensation, they submitted applications under Section 18 of the Act for making reference to the Civil Court for enhancement of the compensation. The references were heard by the learned Joint District Judge, Dhranghdhara. The learned Judge consolidated all the LAQ cases and decided them together by recording common evidence in Land Reference Case No. 1/1998. The Reference Court by the aforesaid decision, enhanced the compensation and determined the market value at Rs.20=00 per sq. mtr., for all types of lands. Hence, these appeals.

(3.) I have heard Mr. Sunit Shah learned G.P., for the appellants and Mr. Nitin Amin learned advocate for the respondents. It is submitted by Mr. Shah that the Reference Court has ignored the relevant documentary evidence in the form of sale instances which were considered by appellant no. 1. He has further submitted that the market value determined by the Reference Court is on higher side. He has submitted that the Court has committed an error in placing reliance upon the sale instances which are about 12 years prior to the date of the notification under Section 4 (1) of the Act in the instant case. As against that Mr. Amin has supported the judgment and has submitted that the Reference Court has rightly taken into consideration two awards made in respect of lands which are situated in the vicinity of the lands in question. He has, therefore, submitted that there is no need to interfere with the judgment and award of the Reference Court.