SPECIAL LAND ACQ OFFICER Vs. AMINA HASAN ALI

JUDGEMENT

(1.) THESE appeals are directed against the judgment and award passed by the learned Civil Judge (S. D.), Bharuch in Land Reference Cases No. 2505/1997 to 2516/2997 dated 05. 03. 2005 whereby, the References were partly allowed.

(2.) THE issue involved in these appeals is squarely covered by a decision of the Division Bench of this Court in First Appeals No. 1142/2007 to 1161/2007 dated 01. 03. 2007. The said decision is reproduced herein below: "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 April 30, 2005 rendered by the learned Civil Judge (S. D.), Bharuch, in L. A. R. Case Nos. 1280 of 1997 to 1299 of 1997 by which the claimants have been awarded additional amount of compensation at the rate of Rs. 28. 20 Paise per square metre for their acquired lands over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs. 1. 80 Paise per square metre by his award dated September 29, 1994.

(3.) THE Executive Engineer, Narmada Yojna Naher, Division No. 2/6, Bharuch, proposed to the State Government to acquire agricultural lands of Village: Itola, Taluka: Amod, District: Bharuch, for the public purpose of construction of Denva Distributory Canal under the Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of Village: Itola mentioned therein were likely to be needed for the said public purpose. Therefore, a notification under Section 4 (1) of the Act was issued by the State Government, which was published in the official gazette on May 6, 1992. After publication of notification, necessary inquiries were made by the Special Land Acquisition Officer under Section 5 (A-2) of the Act and a report was forwarded by him to the State Government. On the basis of the said report, the State Government made a declaration under Section 6 of the Act, which was published in the official gazette on June 28, 1992. 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 the compensation at the rate of Rs. 37. 50 Paise per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated September 29, 1994 offered compensation to the claimants at the rate of Rs. 1. 80 Paise 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, the references were made to the District Court, Bharuch, where they were numbered as L. A. R. Case Nos. 1280 to 1299 of 1997.