KANUBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (Per: Panchal, J.) Admitted. Mr. U.A. Trivedi, learned Assistant Government Pleader, waives service of notice on behalf of respondents in First Appeals Nos. 3412 of 1998 to 3416 of 1998. Mr. B.D. Desai, learned Assistant Government Pleader, waives service of notice on behalf of respondents in First Appeals Nos. 3417 of 1998 to 3421 of 1998. At the joint request of the learned counsel appearing for the parties, all these appeals are taken up for hearing today.

(2.) By means of filing these appeals under Section 54 of the Land Acquisition Act, 1894, read with Section 96 of the Code of Civil Procedure, the appellants have challenged the legality of judgment and award dated September 19,1997, rendered by the learned Second Extra Assistant Judge, Nadiad, in Land Acquisition Cases Nos. 961 of 1991 to 970 of 1991 and, therefore, we propose to dispose of these appeals by this common judgment.

(3.) The Executive Engineer, Mahi Canal, Construction Department, had proposed to the Special Land Acquisition Officer, Shedhi Irrigation Project, to acquire the lands of the appellants situated in village Sunel, Taluka Nadiad, for one of the projects relating to river Shedhi. The Special Land Acquisition Officer, Shedhi Irrigation Project , had, therefore, initiated necessary proceedings. The State Government was satisfied that the lands of the appellants were likely to be needed for the said public purpose and, therefore, Notification under Section 4 of the Land Acquisition Act, 1894 ('Act' for short) was published on August 11, 1987. The land owners, who had filed objections, were heard by the Special Land Acquisition Officer and, thereafter, a report as contemplated by Section 5(A)(2) of the Act was forwarded by the Special Land Acquisition Officer to the State Government. After considering the report submitted by the Special Land Acquisition Officer, declaration under Section 6 of the Act was also made. The interested persons were thereafter served with notices under Section 9 of the Act for determination of compensation. The Special Land Acquisition Officer after considering the materials placed before him made award on November 29, 1988. The Special Land Acquisition Officer offered compensation to the appellants at the rate of Rs.200 per Are. The appellants were of the opinion that the offer made by the Special Land Acquisition Officer was inadequate and, therefore, they did not accept the same. The appellants made written applications dated March 27,1990 to the Special Land Acquisition Officer requiring him to refer the matter to the Court for determination of the amount of compensation. Accordingly, references were made by the Special Land Acquisition Officer to the District Court, Kheda, at Nadiad, which were numbered as Land Acquisition Cases Nos.961 of 1991 to 970 of 1991. By making reference applications, the appellants claimed compensation at the rate of Rs.1300 per Are. The reference applications were contested by the Special Land Acquisition Officer and others vide written statement Exh.6. Having regard to the averments made in the reference applications and written statement submitted by the acquiring authorities, the Reference Court framed necessary issues for determination. One of the issues raised for determination was whether the references were time barred or not. The Reference Court noted that the Special Land Acquisition Officer had made award on November 29, 1988 whereas the written applications requiring the Special Land Acquisition Officer to refer the matters to the Court for determination of compensation were filed by the appellants on March 27, 1990. The Reference Court, therefore, held that the Special Land Acquisition Officer had no jurisdiction to refer the matters to the Court for determination of compensation, as the applications requiring the Special Land Acquisition Officer to refer the matters to the Court were not filed within six months from the date of the award of the Special Land Acquisition Officer. The Reference Court has therefore rejected the Land Acquisition Cases Nos. 961 of 1991 to 970 of 1991 by common judgment and award dated September 19, 1997, giving rise to the present appeals.