SPECIAL LAND ACQUISITION OFFICER Vs. PRABHATSINH KHUMANSINH

JUDGEMENT

(1.) BY filing these appeals under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Civil Procedure Code, 1908, the appellants have challenged the legality of common judgment and award dated 05.08.2006 rendered by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura, in Land Acquisition Case Nos. 138 to 155 of 2003 whereby the claimants have been awarded additional amount of compensation at the rate of Rs.36.00 per Sq.Mtr. for their acquired lands over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.3.30 paise per Sq.Mtr. by his award dated 23.10.2002.

(2.) THE Executive Engineer, Narmada Project, Division No.8, Dholka proposed to the State Government to acquire the lands of village Gangad, Taluka Dholka, District Ahmedabad for the public purpose of construction of Narmada Canal. On perusal of the said proposal, the State Government was satisfied that the lands mentioned in the said proposal were likely to be needed for the public purpose. Therefore, a notification under Section 4 of the Act was issued, which was published in the Official Gazette on 23.04.2001. Thereafter, necessary inquiry was conducted under Section 5A(2) of the Act. On the basis of the report submitted by the Special Land Acquisition Officer, declaration under Section 6 of the Act was made, which was published in the Official Gazette on 17.8.2001. 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/ - per Sq.Mtr. However, the Special Land Acquisition Officer, by his award dated 23.10.2002, offered compensation to the claimants at the rate of Rs.3.30 paise per Sq.Mtr. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, the claimants submitted applications under Section 18 of the Act requiring the 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, Ahmedabad, where they were registered as Land Acquisition Cases referred to hereinabove.

(3.) ON behalf of the claimants, Shri Sisodiya Ajaysinh Kirtisinh was was examined at Exh.39. The witness has deposed that the lands in question were acquired for the purpose of Narmada Project. The witness has deposed that all the acquired lands are equal and fertile land and having irrigation facilities by wells and bore -wells. It is also stated by this witness that the village has milk society, co -operative societies, post office, primary school, pucca road, telephone facilities, etc. The witness has also deposed that the claimants are taking two -three crops and earning net agricultural income of Rs.40,000/ - per vigha per year. It is further stated by the witness that the lands of adjoining village Koth were acquired earlier for the said purpose pursuant to notification issued under Section 4 of the Act on 05.02.2000 wherein the Reference Court, by its judgment and award dated 30.12.2005 rendered in L.A. Case Nos. 2 to 21 of 2003, awarded total compensation at the rate of Rs.35.64 paise per Sq.Mtr. Though this witness was cross -examined by the other side, nothing substantial could be brought on record.