SPECIAL LAND ACQUISITION OFFICER Vs. BHIKABHAI SHANKARBHAI

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 common judgment and award dated March 31, 2006 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in Land Acquisition Case Nos.562 of 1998 to 578 of 1998 by which the claimants have been awarded additional amount of compensation at the rate of Rs.17.90 Paise for their acquired lands over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.1.07 Paise per square metre by his award dated January 17, 1997.

(2.) A proposal was made by the Executive Engineer, Narmada Yojana, Division No.8, Dholka, to the State Government to acquire agricultural lands of Village: Sakodara, Taluka: Dholka, District: Ahmedabad for the public purpose of construction of a canal under Narmada Project. On perusal of the same, the State Government was satisfied that the lands of Village: Sakodara mentioned therein were likely to be needed for the said public purpose. Therefore, a notification under Section 4 of the Act was issued which was published in the official gazette on April 28, 1994. The landowners were thereafter served with notices as required by Section 4 of the Act. After considering their objections, a report was forwarded by the Special Land Acquisition Officer to the State Government as contemplated by Section 5-A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of Village: Sakodara, 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 Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the official gazette on April 20, 1995. The interested persons were thereafter served with notices for determination of compensation payable to them. Accordingly, the claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.200=00 per square metre. Having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated January 17, 1997 offered compensation to the claimants at the rate of Rs.1.07 paise per square metre. The claimants were of the opinion that the offer of compensation made to them 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, Ahmedabad (Rural) where they were registered as Land Acquisition Case Nos.562 of 1998 to 578 of 1998.

(3.) On behalf of the claimants, witness Bhikhabhai Shankerbhai Patel was examined at Exhibit 28. After giving particulars of the lands acquired, the witness mentioned that the lands acquired were even and highly fertile. According to this witness, each claimant was able to raise crops of cotton, cumin-seeds, paddy, wheat, etc. and that after deducting the cost of cultivation, each claimant was able to earn net profit of Rs.40,000=00 per vigha per year from the sale of agricultural produces. In support of his case that the lands acquired were highly fertile, the witness produced 7/12 extracts relating to the lands acquired at Exhibits 15 to 25. The witness further mentioned before the Court that the boundaries of Village: Sindhrej were touching boundaries of his village and that the lands from village: Sindhrej were also acquired for the public purpose of canal under Narmada Project. According to this witness, last survey number of Village: Sindhrej which was acquired and the lands acquired in the instant case were adjoining each other. The witness informed the Court that the claimants whose lands were acquired from Village: Sindhrej were awarded compensation at the rate of Rs.16.50 Paise per square metre by the Reference Court and, therefore, on the basis of the said award, the claimants were entitled to enhanced compensation. The witness produced a copy of the judgment of the Reference Court relating to the lands of Village: Sindhrej, at Exhibit 26. The witness also informed the Court that the judgment delivered by the Reference Court relating to the lands of Village: Sindhrej was accepted by the State Government as well as by the Acquiring Body and that no appeal was preferred against the same. In order to indicate the boundaries of Village: Sindhrej and Village: Sakodara, the witness produced DLR map at Exhibit 23. The witness further asserted before the Court that the lands, which were acquired in the instant case, were similar in all respects to the lands which were acquired from Village: Sindhrej including fertility and that same pattern of crop was prevalent in both the villages.