EXECUTIVE ENGINEER Vs. PATEL PARSOTTAMBHAI ISHWARDAS

JUDGEMENT

(1.) Admitted. Mr. H.S.Mulia, 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 taken up for final disposal today.

(2.) By filing these appeals under Section 54 of the Land Acquisition Act, 1894 ( Sthe Act for short) read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged legality of common judgment and award dated July 29,2005, rendered by the learned Principal Senior Civil Judge, Mehsana in Land Reference Case Nos. 5246 to 5264 of 2003, by which the claimants have been awarded additional amount of compensation at the rate of Rs.277/- per sq.mt. for their acquired lands, in addition to compensation offered to them at the rate of Rs.11/- per sq.mt. by the Special Land Acquisition Officer vide award dated January 6,2003.

(3.) The Executive Engineer, Dharoi Canal Scheme No.3, Visnagar proposed to the State Government to acquire the lands of village Unava, Taluka Unjha, District Mehsana for the public purpose of construction of a canal under Dharoi Canal Project. On perusal of the same, the State Government was satisfied that the lands mentioned therein 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 July 26,2002. The owners of the lands were served with notices as required by Section 4 of the Act and an inquiry was conducted. On conclusion of inquiry, a report as contemplated by Section 5A(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. On consideration of the same, the State Government was satisfied that the lands of village Unava, specified in the Notification published under Section 4 of the Act, were needed for the public purpose of construction of canal under the Dharoi Canal Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on December 4, 2002. 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.500/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.11/-per per sq.mt. by his award dated January 6,2003. 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,Mehsana, where they were registered as noticed earlier.