KALAJI HIRAJI Vs. SPECIAL LAND ACQUSITION OFFICER

JUDGEMENT

(1.) The present group of three appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") arises out of the common award dated 27.7.1993 passed by the Extra Assistant Judge, Mehsana (hereinafter referred to as "the Reference Court") in Land Reference Case Nos.62 of 1986 to 64 of 1986 awarding additional amount of compensation at the rate of Rs.18/- per sq. mtrs., over and above Rs.2/- per sq. mtrs., awarded by the Special Land Acquisition Officer, and the interest at the rate of 9% per annum from the date of award till payment and 30% solatium on the additional amount of compensation. The appellants - claimants have filed the present appeals, seeking enhancement in the said amount of compensation.

(2.) The lands in question bearing Block Nos.93, 94 and 80/1 situated in the sim of Village Pratappura, Taluka Kalol were sought to be acquired by the respondent ONGC, in respect of which the Notifications under Section 4 and Section 6 of the said Act were published in the Government Gazette on 25.11.1982 and 5.1.1984 respectively. The award was made by the Special Land Acquisition Officer on 18.1.1985, awarding compensation at the rate of Rs.2/- per sq. mtrs. Being aggrieved by the said award, the appellants - claimants had sought Reference under Section 18 of the said Act. Accordingly, the cases were referred to the Reference Court by the Collector, which were registered as Land Acquisition Reference Case Nos.62 to 64 of 1986.

(3.) The appellants - claimants in order to justify their claim at the rate of Rs.50/- per sq. mtrs., had examined one Galaji Ugraji Thakor, owner of Survey No.939/2 situated at Kalol at Exh.24. The claimant Narsinhji Keshaji of Case No.64 of 1986 was examined at Exh.25. The claimants had also produced documentary evidence in support of their respective claims. The said witness Galaji Ugraji Thakor had stated in his deposition inter alia that he was the owner of Survey No.939/2 situated in the sim of Village Kalol. The said land was sold out to one Piyush Corporation as per the sale deed executed on 18.12.1981, which was produced on record at Exh.20. According to him, the said land and the land acquired were situated in the nearby area and were of similar nature in terms of fertility. The claimant Narsinhji Keshaji had stated in his evidence that his land bearing Survey No.93 and other lands of the other claimants were similar in terms of yield and fertility. He had further stated that they used to take crops three times in a year and the average annual income was Rs.9,000/- to Rs.10,000/- per bigha. He had also stated that the industrial town Kalol of District Mehsana was situated adjacent to their land and their Village Pratappura was also developed village having industrial units. The land bearing Survey No.939/2 of Galaji Ugraji Thakor was also situated in the nearby area of the lands acquired by the respondent ONGC. In the cross- examination he had admitted that there was no higher secondary school in his village and there was a common railway station of three villages combined together. He had admitted that he had not produced the accounts of bills in respect of the crops sold by him.