RAMJIBHAI JAYMALBHAI RABARI Vs. SPECIAL LAQ OFFICER

JUDGEMENT

(1.) THESE three appeals arise from the common judgment and award made by 3rd Joint Civil Judge [S.D.], Nadiad dated 31st March, 2004 in Land Acquisition Case Nos. 329/1998, 330/1998 and 331/1998. Since these appeals involve common questions of fact and law, they are heard together and now they are being disposed of by this common judgment.

(2.) THE lands in question are agricultural lands [the "land" for short] and they are situated at village Sarsa in Mehmadabad taluka, District Kheda. Since respondent no. 2 needed the land for public purpose namely, drilling oil wells, the General Manager i.e., respondent no. 2 submitted a proposal for temporary occupation of the land. Since it appeared to the appropriate Government that the land was for public purpose, the proposal was accepted by it and in pursuance thereof, it exercised powers under Section 35 (1) of the Land Acquisition Act, 1894 [hereinafter referred to as the "Act"]. After complying with the necessary formalities the Collector procured the occupation of the land on 12th May, 1993. Respondent no. 1 determined the compensation at the rate of Rs.1.80 paise per sq. mtr., per annum by his award dated 29th July, 1997. The demand of the appellant was of Rs.5=00 per sq. mtr., per annum. Since there was difference in the rate of compensation, Reference under Section 35 (3) of the Act was prayed to the Court for its decision. The proceedings were numbered as LAQ Nos. 329/1998, 330/1998 and 331/1998. During the course of hearing, the parties produced evidence. The appellants examined Ramjibhai Jaimalbhai Rabari who is the owner of the land bearing survey no. 37 and also produced documentary evidence in the form of Extracts of Revenue records and previous judgments of the same Court in respect of land of village Sarsa itself which were acquired for this very purpose. As against that respondent no. 2 examined Ibrahimbhai Mohmmadbhai whose evidence is at Exh. 28. Before the Court the appellants enhanced the claim to Rs.7=00. They claimed enhancement on the ground that the compensation awarded by respondent no. 1 was on lower side. According to them, village Sarsa had all the basic amenities and facilities like road, water supply, hospital, school etc. As against that the case of respondent no. 2 was that the compensation determined by respondent no. 1 was just and proper.

(3.) AT the end of the proceedings, the learned Judge arrived at a conclusion that the compensation awarded by respondent no. 1 was inadequate and it was required to be enhanced. The Court granted additional compensation at the rate of Rs.2.70 paise per sq. mtr., per annum. It also directed the respondents to pay enhanced compensation from the date of the compensation till realization together with interest at the rate of 9% from the date of the award till realization and also the proportionate costs. Since the appellants are not satisfied with the compensation awarded by the Court they have preferred these appeals.