SPECIAL LAND ACQUISITION OFFICER AHMEDABAD Vs. CHUNILAL GANGARAM

JUDGEMENT

(1.) These appeals have been directed by the appellants, the Second Additional Special Land Acquisition Officer and the Executive Engineer, against the common award and judgment of the 2nd Joint District Judge, Ahmedabad (Rural) at Mirzapur in land acquisition cases pertaining to the lands of village Nani Ratnaj belonging to the claimants-respondents which were acquired for the construction of Suraj-Dabhsas-Odhav-Solgam-Mandal Drain dated 21st January, 1989.

(2.) The Executive Engineer, Irrigation Division Jilla Panchayat, Ahmedabad proposed by his letter dated 17 March, 1981, addressed to the Collector, Ahmedabad to acquire the lands detailed therein of the village Nani Ratnai, Tal, Viramgam for the construction of Suraj Dabhsas-Odhav-Solgam-Mandal Drain and the Collector, Ahmedabad authorised the Second Additional Special Land Acquisition Officer by his letter dated 11.5.1981 to make necessary procedures for acquisition of the said lands. The claimants respodents are the owners of the lands which were the subject matter of the aforesaid letter.

(3.) Notification under Sec. 4 of the Land Acquisition Act, 1894 was published in the Government of Gujarat Gazette on 10.2.1983 for the acquisition of the lands for the public purpose as aforesaid. Notification under Sec. 6 of the said Act was published in the Government of Gujarat Gazette on 29.9.1983. The necessary notices under Sec. 9 of the Act were given to the claimants-respondents for their putting appearance for the purpose of determining the compensation. The respondents-claimants have claimed the compensation for compulsory acquisition of their lands at the rate of Rs. 8,000/- to 10,000/- per bigha. The land Acquistion Officer passed the award on 7.3.1984 and awarded the compensation to the respondents-claimants for compulsory acquisition of their lands at the rate of Rs. 62/- per Are. The respodents-claimants were not satisfied with the aforesaid award of compensation awarded to them by the Land Acquisition Officer and prayed to the said authority for making references of the matter under Sec. 18 of the Act, 1894 to the Civil Cout. Their prayer has been accepted and the references have been made to the District Court, Ahmedabad Rural, which ultimately came to be decided by the 2nd Joint District Judge, Ahmedabad (Rural) at Mirzapur on 21.1.1989.