SPECIAL LAND ACQUISITION OFFICER Vs. PATEL RAMESHCHANDRA DAHYABHAI

JUDGEMENT

(1.) Special Land Acquisition Officer, Narmada Project Unit-12, Bharuch and Executive Engineer, Narmada Yojna Naher Division No.2/3, Karjan, District-Baroda, appellants-original opponents have filed these appeals under Section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 27/1/2005 passed by the learned Civil Judge (SD), Bharuch in Land Acquisition Reference Case No.2819 of 1997 to 2821 of 1997, Main case No.2820 of 1997. By the impugned judgment, the learned judge was pleased to partly allow the reference applications for proportionate costs. The learned Judge has held that the applicants are entitled to receive market price of their acquired land at the rate of Rs.36.50 per sq. mtr. as additional amount of compensation in Compensation Case No.101 of 1994 over and above compensation of Rs.4.09 per sq. mtr. for irrigated land and Rs.2.73 per sq. mtr. for non-irrigated land, which was awarded by the Special Land Acquisition Officer. So in all the learned Judge awarded in all Rs.40.59 per sq. mtr. and Rs.39.23 per sq. mtr. respectively. The learned Judge has also awarded other amount as per the provisions of the Land Acquisition Act.

(2.) The State Government has sent a proposal to acquire lands of village Sarbhan, Taluka-Amod, District-Bharuch for the purpose of construction of Sarbhan minor canal of Narmada Yojna which is for the public purpose. On perusal of the said proposal, the State Government was satisfied that the lands of village Sarbhan were likely to be needed for the said purpose. In view of the same, the State Government issued a Notification under Section 4(1) of the Act which provides publication of preliminary notification and powers of officers thereon. The said notification was published in official Gazette on 7/12/1995. After issuance of the said notification, the notice was served on the owners of the land. The said owners have filed their objections against the proposed acquisition. After considering their objections, the Special Land Acquisition Officer submitted his report under Section 5A(2)of the Act, which provides for hearing of objections, to the State Government. Considering the said report, the State Government was satisfied that the land of village Sarbhan were needed for the purpose of construction of Sarbhan Minor Canal of Narmada Yojna. Thereafter, the State Government decided to issue notification under Section 6 of the Act which provides declaration that land is required for a public purpose. The said notification was published in the Official Gazette on 27/4/1996. After issuance of the said notification, notices were sent to the interested persons in this behalf.

(3.) After considering the material placed before him, the Special Land Acquisition Officer has passed an award on 4/3/1997 under Section 11 of the Act which provides for inquiry and award by Collector. The Special Land Acquisition Officer has awarded compensation at the rate of Rs.4.09 per sq. mtr. for irrigated land and Rs.2.73 per sq. mtr. for non-irrigated land to the claimants.