DEPUTY COLLECTOR LAND ACQUISITION OFFICER Vs. ALAMKHA KESHUBHA

JUDGEMENT

(1.) THE appellants, by filing these appeals under Section 54 of the Land Acquisition Act, 1984 ("Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, have challenged the legality of common judgement and award dated 4.5.2006 rendered by the 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in Land Acquisition Case Nos. 127 of 2005, 69 to 72 of 2006 and 176 to 178 of 2005 whereby the claimants have been awarded additional amount of compensation at the rate of Rs. 23.80 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. 1.20 per square metre by his award dated 31.12.1997.

(2.) THE Executive Engineer, Bhavnagar Irrigation and Maintenance Department, Bhavnagar, proposed to the State Government to acquire the lands of village Keriya, Taluka Ranpur, District Ahmedabad for "Sukhabhadar Sinchai Yojna, Rajkot". 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 10.5.1995. 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 19.2.1996. The interested persons were thereafter served with the notices for determination of compensation payable to them. The Special Land Acquisition Officer, by his award dated 31.12.1997, offered compensation to the claimants at the rate of Rs. 1.20 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, 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 Kamabhai Chhaganbhai was examined as a witness at Exh. 21. The witness has deposed that the lands in question were acquired for the purpose of irrigation scheme and the lands of the claimants are situated adjoining to each other. 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 earing net agricultural income of Rs. 35,000/ - to Rs. 40,000/ - per vigha per year. It is further stated by the witness that the lands of adjoining village: Dharpipla were acquired earlier for the said purpose pursuant to notification issued under Section 4 of the Act on 12.12.1984 wherein the Reference Court by its judgement and award dated 27.1.1997 rendered in L.A. Case Nos. 72 to 101 of 1989 awarded total compensation at the rate of Rs. 12.50 per square metre. The claimants have also produced the judgement and award of the Reference Court in respect of the lands acquired from the same village at Exh. 25 wherein the Reference Court has awarded Rs. 25/ - per square metre. Though this witness was cross -examined by the other side, nothing substantial could be brought on records.