SPL LAND ACQ OFFICER Vs. JASVANTLAL ZINABHAI

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 the common judgment and award dated January 25, 2006, rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura, in Land Acquisition Case Nos. 2454/1996 to 2476/1996 by which the claimants have been awarded additional amount of compensation at the rate of Rs. 19.40 ps. per sq.mt. for their acquired lands over and above the offer of compensation made to them at the rate of Re.0.60 ps. per sq.mt. by the Special Land Acquisition officer vide award dated June 13, 1996.

(2.) The Executive Engineer, Narmada Yojna, Division No. 4/3, Mehsana, made a proposal to the State Government to acquire the lands of village Sitapur, Taluka: Viramgam, District: Ahmedabad, for the public purpose of construction of canal under the Narmada Project. On perusal of the same, the State Government was satisfied that the lands of village Sitapur mentioned in the proposal were likely to be needed for the said public purpose. Therefore, notification under Section 4 of the Act was issued which was published in the official gazette on June 23, 1993. The owners of those lands, proposed to be acquired, were served with notices and they had filed their objections. Thereafter, necessary inquiry as contemplated by Section 5A of the Act was conducted and a report was submitted by the Special Land Acquisition Officer as contemplated by Section 5A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of village Sitapur, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the official gazette on June 14, 1994. The interested persons were thereafter served with notices for determination of compensation payable to them. The Page 0841 claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 100/- 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 Re.0.60 ps. per sq. mt. by his award dated June 13, 1996. 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 determining just amount of compensation payable to them. Accordingly, References were made to the District Court, Ahmedabad (R), where they were registered as Land Acquisition Case Nos. 2454/1996 to 2476/1996.

(3.) On behalf of the claimants, witness Jaswantbhai Zinabhai Patel was examined at Ex.69. The witness mentioned in his testimony that the lands acquired were irrigated lands and that each claimant was able to raise crops of Cotton, Juwar, Millet, Wheat, Cumin seeds, Til, etc. The witness mentioned that the claimants had employed scientific methods for the purpose of cultivation and therefore, each claimant was earning Rs. 40,000/- to Rs. 45,000/ per year per Vigha from the sale of agricultural produces. The witness informed the Court that the population of his village was 8000 and that his village Sitapur was situated on Viramgam-Becharaji State Highway. After stating that his village Sitapur was situated at a distance of 7 kilometers from Becharaji pilgrimage, the witness stated that his village was fully developed. According to him, all the facilities such as Post Office, Telephone Exchange, Nationalized Banks, District Cooperative Bank, Cooperative Ginning and Processing Mills, Primary Health Center, private dispensaries, schools, library, etc. were available in his village and that electricity was available all the 24 hours. The witness further claimed that the lands of his village were highly fertile and had more potential value in comparison to the lands situated in the villages nearby. The witness stated in his testimony that village Kachrol was just adjoining his village Sitapur and that the boundaries of village Sitapur were touching the boundaries of village Kachrol. The witness also stated that from his village, village Kachrol was approachable by Tar road. The witness further mentioned that village Nayakpur was also situated near village Sitapur but the people of village Kachrol and village Nayakpur had to go to village Sitapur for the purpose of purchase of their daily needs. The witness mentioned that his village Sitapur was center of commercial activities. According to this witness, Narmada canal branch under the Narmada Project was coming from Kachrol to village Sitapur and was going towards village Nayakpur. The witness mentioned that for the purpose of construction of canal under the Narmada Project, lands of village Kachrol were acquired pursuant to publication of notification issued under Section 4(1) of the Act on June 23, 1993, with reference to which the learned Extra Assistant Judge, Ahmedabad (R) had awarded compensation to the claimants at the rate of Rs. 19.30 ps. per sq. mt. in Land Acquisition Case No. 2477/1996 and other cognate matters and therefore, the claimants were entitled to enhanced compensation on Page 0842 the basis of the said award. The witness further stated that the population of village Kachrol was 1500 whereas that of his village was more than 8000 and his village was more developed than village Kachrol and was main center of Mandal Taluka. The witness produced the certified copy of the previous award of the Reference Court relating to the lands of village Kachrol at Ex.66. The witness also stated that the lands of village Nayakpur were also acquired for the purpose of construction of canal under the Narmada Project pursuant to publication of notification issued under Section 4(1) of the Act in the official gazette on November 13, 1992, and the learned Extra Assistant and Special Judge, Ahmedabad (R), had awarded compensation to the claimants at the rate of Rs. 19.10 per sq.mt. in Land Acquisition Case No. 760/1998 and other cognate matters, as a result of which, the claimants in the instant cases were entitled to enhanced compensation on the basis of the said award. The witness produced certified copy of the previous award of the Reference Court relating to the lands of village Nayakpur at Ex.67.