SPECIAL LAND ACQUISITION OFFICER Vs. MADHAVSINH GARMARSINH ZHALA

JUDGEMENT

(1.) THE Special Land Acquisition Officer, Narmada Project, Unit No. 10, Ahmedabad has preferred these appeals under section 54 of the Land Acquisition Act, 1894 [hereinafter referred to as 'the Act'] to challenge the judgment and award made by the 4th Extra Assistant Judge and Special Judge [L.A.Q.] Ahmedabad [Rural] at Ahmedabad dated 5/7/2004 in Land Acquisition Case Nos. 714/1998, 715/1998 and 716/1998. The learned Judge has awarded Rs.19=30 ps., per sq. mtr., over and above the compensation awarded by the Special Land Acquisition Officer i.e., Rs.00 -78 ps., per sq.mtr. Since these appeals arise from the common judgment and award, they are heard together and now they are being disposed of by this common judgment.

(2.) THE lands in question are agricultural lands, which are situated at village Gunjala in Taluka Detroj [formerly in Viramgam Taluka] Dist. Ahmedabad. The lands were required for constructing branch canal of Narmada Project at Kharaghoda. Hence, necessary proceedings under the Act were initiated. Notification under section 4 of the Act was published on 23/10/1992 and declaration under section 6 of the Act was published on 19/6/1993. After complying with all the necessary formalities, the appellant made award dated 29/1/1996. He determined the market value of the land under acquisition at Rs.00 -78 paise per sq.mtr.

(3.) I have heard Mr. Uday Bhatt, Ld. AGP for the appellant and Mr. Parasrampuriya, learned advocate for Mr. AJ Patel for the respondents. It is submitted by Mr. Bhatt that inspite of the fact that there are several sale instances available, the Reference Court did not rely on the same but placed reliance on the award made by the Court. He has submitted that when the sale instances are available, the Civil Court should first rely on the sale instances and only in absence of such evidence, it may take into consideration the award or the evidence with regard to yield. He has submitted that the matter deserves remand with a direction to the Civil Court to take into consideration the relevant sale instances.