SPECIAL LAND ACQUISITION OFFICER Vs. NARENDRA SAKHIDAS

JUDGEMENT

(1.) 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 judgment and award dated January 31, 2005 rendered by the learned 2nd Joint Civil Judge (Senior Division), Vadodara, in Land Reference Case No.496 of 1996 to Land Reference Case No.502 of 1996 by which the Reference Court has awarded additional amount of compensation to the claimants at the rate of Rs.231/ - per square metre, over and above the compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.9/ - per square metre for the acquired lands.

(2.) A proposal was received by the Government to acquire agricultural lands of Village: Bhayali, Taluka: Vadodara, District: Vadodara, for the public purpose of Narmada Canal Project. On consideration of the said proposal, the State Government was satisfied that the agricultural lands of Village: Bhayali 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 August 12, 1993. The owners, who were served with the notices under Section 4 of the Act, objected to 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 scrutiny of the said report, the State Government was satisfied that the agricultural lands of Village: Bhayali specified in the notification, which was published under Section 4 of the Act in the official gazette, were needed for the public purpose of Narmada Canal Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on July 28, 1994. 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.40/ - per square feet. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated April 29, 1995, offered compensation to the claimants at the rate of Rs.9/ - per square metre. The claimants were of the opinion that offer of the compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, they submitted applications in writing 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, Vadodara, which were registered as Land Reference Case No.496 of 1996 to Land Reference Case No.502 of 1996. It may be mentioned that before the Reference Court, the claimants claimed additional compensation at the rate of Rs. 400/ - per square meter.

(3.) ON behalf of the claimants, witness Arvindbhai Dahyabhai Patel, who was Power of Attorney holder of one of the claimants, namely, Narendra Sakhidas Patel, filed affidavit dated December 29, 2004, at Exh.12, as required by Order XVIII, Rule 4 of the Code of Civil Procedure. In the affidavit, it was mentioned that the lands acquired were covered under the development plans prepared by Vadodara Urban Development Authority and that they were highly fertile. It was further stated in the said affidavit that Revenue Survey Nos.197, 199, 200 and 201 of Village: Bhayali situated at a distance of 100 metres from the acquired lands belonged to one Ms.Diwaliben, who was wife of Chhaganbhai Shamalbhai, who had made an application to the Government for converting those revenue survey numbers from new tenure to old tenure under the provisions of the Bombay Land Revenue Code and that the value of those lands in the year 1993, was assessed at the rate of Rs.300/ - per square metre as a result of which claim for enhanced compensation should be accepted. In support of this averment made in the affidavit, the order passed by the competent authority was produced at Exhibit 21 on the record of the case. It was further mentioned in the affidavit that the boundaries of Village: Bhayali and Village: Vasna were adjoining to each other and as Revenue Survey Nos.334/1, 334/2 and 336 of Final Plot No.223 of Town Planning Scheme No.15 of Village: Vasna, which were situated at a distance of 1.5 Kilometres, were sold by a deed dated July 3, 1993 at the rate of Rs.560/ - per square metre, the claimants should be awarded enhanced compensation as claimed by them. In support of this averment, the sale deed was produced on record of the case at Exhibit 22. It was also mentioned in the affidavit that the lands acquired were situated in a developed area and, therefore, the claimants were entitled to enhanced compensation.