STATE OF GUJARAT Vs. MAGANBHAI KHODABHAI

JUDGEMENT

(1.) Admitted. Mr.Apurva Kapadia, learned counsel, waives service of notice on behalf of the claimant/claimants in each Appeal. Having regard to the facts of the case, the Appeals are heard today.

(2.) 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 March 31, 2006, rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (R) at Navrangpura, in Land Acquisition Case Nos.189/2002 to 199/2002, by which, the claimants have been awarded additional amount of compensation at the rate of Rs.134.60 ps. per sq.mt. for their acquired lands over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.9.90 ps. per sq.mt. by his award dated August 1, 2000.

(3.) The Executive Engineer, Narmada Project, Division No.7, Gandhinagar, proposed to the State Government to acquire the agricultural lands of village Chekhla, Taluka: Sanand, District: Ahmedabad, for the public purpose of construction of a canal under the Narmada Project. On perusal of the same, the State Government was satisfied that the lands of village Chekhla 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 August 25, 1998. The owners of the lands were thereafter served with notices as required by Section 4 of the Act. The proposed acquisition was opposed by them. After making necessary inquiry, the Special Land Acquisition Officer forwarded his report to the State Government, 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 Chekhla mentioned in the notification published under Section 4 of the Act were needed for the public purpose of construction of a canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was also published in the official gazette. The interested persons were thereafter served with notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.300/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated August 1, 2000, offered compensation to the claimants at the rate of Rs.9.90 ps. per sq.mt. 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 (R) where they were registered as Land Acquisition Case Nos.189/2002 to 199/2002.