STATE OF GUJARAT Vs. PATEL NATVARLAL TRIKAMBHAI

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 taken up for final disposal 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 common judgment and award dated July 14, 2005 rendered by the learned 2nd Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura, Ahmedabad, in Land Acquisition Case Nos. 178 to 185 of 2000, 187 to 193 of 2000 and 213 to 217 of 200, by which the claimants, except the claimants in Land Acquisition Case Nos.190 of 2000 and 214 of 2000, have been awarded additional amount of compensation at the rate of Rs.323/ - per square metre for their acquired agricultural lands, over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.35 per square metre by his award dated October 8, 1999, whereas the claimants in Land Acquisition Case Nos.190/2000 and 214/2000 have been awarded additional amount of compensation at the rate of Rs.393.50 ps. per sq.mt. for their acquired non -agricultural lands, over and above the amount of compensation awarded to them at the rate of Rs. 35/ - per sq.mt. by the Special Land Acquisition Officer by his award dated October 8, 1999.

(3.) THE Executive Engineer, Roads and Buildings Department, New Sachivalaya, Gandhinagar proposed to the State Government to acquire agricultural and non -agricultural lands of Village:Gota, Taluka: Dascroi, District: Ahmedabad for the public purpose of construction of Chiloda -Gandhinagar -Sarkhej Highway known as National Highway No.8 -C. On scrutiny of the said proposal, the State Government was satisfied that the lands of village Gota specified 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 October 18, 1996. The landowners, whose lands were proposed to be acquired, were thereafter served with the notices under Section 4(1) of the Act. On receipt of notices, the land -owners opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report under Section 5 -A(2) of the Act to the State Government. On consideration of the said report, the State Government was satisfied that the lands of Village: Gota, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of Chiloda -Gandhinagar -Sarkhej Highway. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on October 9, 1997. The interested persons were thereafter served with the 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.2500/ - per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated October 8, 1999 offered compensation to the claimants at the rate of Rs.35/ - per square metre for their acquired 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) at Navrangpura, where they were registered as Land Acquisition Case Nos. 178 to 185 of 2000, 187 to 193 of 2000 and 213 to 217 of 2000.