SPECIAL LAND ACQUISITION OFFICER Vs. THAKORE HIRAJI PUNAJI

JUDGEMENT

(1.) ADMITTED . Mr.A.J.Patel, 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.) WHAT is challenged in 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 is the legality of the common judgment and award dated September 30,2005 rendered by the learned 4th Addl.Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in Land Acquisition Case Nos. 742/98 to 753/98 by which the claimants are awarded additional amount of compensation at the rate of Rs. 19/ - per Sq.Mtr. for irrigated as well as non -irrigated lands, over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.1.87 paise per Sq.Mtr. for irrigated lands and Rs.1.25 paise per Sq.Mtr. for non -irrigated lands by his award dated December 26,1996.

(3.) THE Executive Engineer, Narmada Project, Division No.4/4, Mehsana proposed to the State Government to acquire lands of Village Juna Padar, Taluka Viramgam, District - Ahmedabad for the public purpose of construction of Canal under the Narmada Project. On scrutiny of the said proposal, the State Government was satisfied that the lands of Village Juna Padar mentioned in the said proposal 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 January 31, 1994. The land owners were thereafter served with the notices under Section 4 of the Act. On receipt of the notices, they opposed the proposed acquisition. After considering their objections, a report as contemplated by Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On perusal of the said report, the State Government was satisfied that the lands of Village Juna Padar, which were specified in the Notification published under Section 4(1) of the Act, were needed for the public purpose of construction of the Canal under the Narmada Project. Therefore, a declaration under Section 6 of the Act was made which was published in the Official Gazette on January 20, 1995. The interested persons were thereafter served with the notices for determination of the compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 25/ - per Sq.Mtr. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated December 26,1996 offered compensation to the claimants at the rate of Rs.1.87 paise per Sq.Mtr. for irrigated lands and Rs. 1.25 paise per Sq.Mtr. 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 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. 742/98 to 753/98.