SPECIAL LAND ACQUISITION OFFICER Vs. HARIBHAI RANCHHODBHAI

JUDGEMENT

(1.) 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 legality of common judgment and award dated December 31, 2002 rendered by the learned 3rd Joint Civil Judge (S.D.), Nadiad, in Land Reference Case Nos.170 of 1998 to 174 of 1998 by which the claimants have been awarded additional amount of compensation at the rate of Rs.49.50 Paise per square metre for their acquired lands over and above compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.4.50 Paise per square metre, by his award dated January 22, 1996.

(2.) THE Executive Engineer, N.H. No.8, Ahmedabad, proposed to the State Government to acquire the lands of Village: Hariyala, Taluka: Matar, District: Kheda, for the public purpose of construction of National Highway No.8. On perusal of the said proposal, the State Government was satisfied that the lands of Village: Hariyala specified in the said proposal were likely to be needed for the said public purpose. Therefore, a notification under Section 4 of the Act was issued, which was published in the official gazette on December 16, 1993. The landowners whose lands were sought to be acquired were served with the notices under Section 4 of the Act. On service of notices, they opposed the proposed acquisition. After considering their objections, a report under Section 5 -A(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: Hariyala, which were specified in the notification under Section 4 of the Act published in the official gazette were needed for the public purpose of Construction of National Highway No.8. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on February 20, 1994. 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.100=00 per square metre. However, having regard to the materials placed before him, the Special Land Acquisition Officer, by his award dated January 22, 1996, offered compensation to the claimants at the rate of Rs.4.50 Paise per square metre. 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, Nadiad, where they were registered as Land Reference Case Nos.170 of 1998 to 174 of 1998.

(3.) ON behalf of the claimants, witness Bhavanbhai Nathabhai was examined at Exhibit 11. In his examination -in -chief, the witness gave particulars of lands acquired such as; their location, fertility, patterns of crops, crops raised thereon, etc. It was claimed by him that the lands acquired were highly fertile and in order to substantiate this claim, he produced 7/12 extracts relating to the lands acquired at Exhibits 12 and 13. What was claimed by the witness was that the lands acquired were situated near Village: Vansar and that the lands of Village: Vansar were similar to the lands acquired in the instant case. It was mentioned by the said witness that the lands of Village: Vansar were previously acquired for the public purpose of construction of National Highway No.8 with reference to which, the Reference Court had awarded compensation to the claimants at the rate of Rs.72/ - per square metre, which award was modified by the High Court by holding that the claimants were entitled to Rs.60/ - per square metre and, therefore, on the basis of the judgment of the High Court relating to the lands of Village: Vansar, the claimants should be awarded compensation at the rate of Rs.60/ - per square metre. The witness further produced sale deed dated February 11, 1994 at Exhibit 14 relating to Survey No.27 of Village: Hariyala by which the land admeasuring 557.62 square metres was sold for a consideration of Rs.55,800=00 and claimed that the claimants should be paid enhanced compensation on the basis of the said sale deed. It was also claimed by the witness that as water in abundance, was available for irrigation purpose, the claimants were raising different crops on the lands acquired and each claimant was earning net income of Rs.80,000=00 per year per vigha and, therefore, the claim made by the claimants that they should be awarded compensation at the rate of Rs.100=00 per square metre should be accepted.