STATE OF GUJARAT Vs. BHAVANJI CHHABAJI SOLANKI

JUDGEMENT

(1.) 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, are directed against the common judgment and award dated September 8, 2004, rendered by the learned Second Extra Assistant Judge and Special Judge (LAR) Ahmedabad (Rural) at Ahmedabad in Land Acquisition Case No.618 of 1998 to Land Acquisition Case No.621 of 1998, by which, the claimants are awarded additional compensation at the rate of Rs.34.30 ps. per sq.mt. over and above the amount of compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.2.85 ps. per sq.mt. by his award dated September 2, 1996, for their acquired lands.

(2.) A proposal was received by the State Government to acquire the agricultural lands of village Bahiyal, Taluka: Dehgam, District: Ahmedabad, for the public purpose of Narmada Project. On consideration of the said proposal, the State Government was satisfied that the agricultural lands of village Bahiyal 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 August 20, 1993. The land owners were thereafter served with notices under Section 4 of the Act. They opposed the proposed acquisition. After considering their objections, a report was forwarded by the Special Land Acquisition Officer to the State Government as contemplated by Section 5A(2) of the Act. On scrutiny of the said report, the State Government was satisfied that the agricultural lands of village Bahiyal which were specified in the notification published under Section 4(1) of the Act were needed for the public purpose of Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the official gazette on March 28, 1994. The interested persons were thereafter served with the notices under Section 9 of the Act 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 28, 2000, offered compensation to the claimants at the rate of Rs.3.30 ps. per sq.mt. for irrigated lands and Rs.2.20 ps. per sq.mt. for non -irrigated lands. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, they preferred applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer the matter to the Court for the purpose of determination of 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 No.618 of 1998 to Land Acquisition Case No.621 of 1998.

(3.) ON behalf of the claimants, oral as well as documentary evidence was adduced. Mr.Mangaji Somaji, who was examined on behalf of the claimants, asserted that the lands acquired were highly fertile and that each claimant was earning an income of Rs.40,000/ - to Rs.50,000/ - per year per Vigha from the sale of agricultural produces. The witness produced previous award of the Reference Court relating to the lands of this very village rendered by the learned Second Extra Assistant Judge and Special Judge (LAR), Ahmedabad (Rural) at Navrangpura, Ahmedabad, in Land Acquisition Cases No.1/90, 11/90 and 16/90, in support of the claim made by the claimants for enhanced compensation. On behalf of the appellants, Mr.S.S.Jafar, who was then Deputy Executive Engineer was examined.