SPECIAL LAND ACQUISITION OFFICER Vs. SALIMBHAI UMARBHAI

JUDGEMENT

(1.) IN the above captioned group of appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act") read with Section 96 of the Civil Procedure Code, 1908, what is challenged is the legality of common award dated 18.08.2006 passed by the Additional Senior Civil Judge, Ahmedabad (Rural) in Land Acquisition Reference Case Nos.285 to 289 of 2003. By the said award, the learned Civil Judge had awarded additional compensation at the rate of Rs.110.23 ps. per Sq. Mtr., as against the claim of Rs.200/ - per Sq. Mtr. made by the claimants.

(2.) THE Executive Engineer, Narmada Project, Saurashtra Branch Canal, Division No.2/4, Bhavnagar had proposed to acquire agricultural lands of village Dhandhuka, Taluka Dhandhuka, District Ahmedabad, for the purpose of construction of canal under Narmada Project. Pursuant to that, notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on 23.03.2001. Thereafter, the State Government made declaration under Section 6 of the Act, which was published on 17.08.2001. The interested persons were served with 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.200/ - per Sq. Mtr. However, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.1.77 per Sq. Mtr.

(3.) THE claimants, seeking higher compensation, submitted an application under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their cases to the Court for the purpose of determining the just and fair compensation. Accordingly, the reference was made to the District Court, Ahmedabad (Rural) where they were registered as Land Reference Case Nos.285 to 289 of 2003.