SPECIAL LAND ACQUISITION OFFICER Vs. GOHIL MAVSANG DIPSANG

JUDGEMENT

(1.) Admitted. Mr. S.P.Majmudar, learned counsel, waives service of notice on behalf of the claimant/claimants in each appeal. Having regard to the facts of the case, the appeals are taken up for final disposal today.

(2.) By filing the instant 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, what is challenged is the legality of common judgment and award dated February 16,2005, rendered by the learned Joint District Judge (FCT No.3) Bharuch in Land Acquisition Reference Nos. 561 to 576 of 2003, by which the claimants have been awarded in all compensation at the rate of Rs.2400/- per Are for their acquired lands.

(3.) The Executive Engineer, Narmada Yojana, Unit No.7, of Sardar Sarovar Narmada Nigam Ltd., Bharuch proposed to the State Government to acquire the lands of village Tavra, District Bharuch for the public purpose of construction of T-1 Minor Canal under Narmada Yojana. 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 January 27,2000. The owners of the lands were served with notices as required by Section 4 of the Act. They had opposed the proposed acquisition. After considering their objections, necessary report as contemplated by Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On consideration of the same, the State Government was satisfied that the lands of village Tavra, specified in the notification published under Section 4 of the Act, were needed for the public purpose of construction of T-1 Minor Canal under Narmada Yojana. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on February 17,2000. 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 offered compensation to the claimants at the rate of Rs.710/- per Are i.e. Rs.7.10 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, Bharuch, where they were registered as Land Acquisition Reference Nos. 561 to 576 of 2003.