SPL LAND ACQ OFFICER Vs. DHIRUBHAI MANJIBHAI

JUDGEMENT

(1.) THESE appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908 are directed against the common judgment and awards dated 17. 4. 2006 of the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) in Land Reference Case Nos. 996 of 1998 and connected cases.

(2.) THE lands in question situate in village Devaliya of Taluka Dhandhuka, District Ahmedabad came to be acquired for the purpose of construction of Narmada canal under Section 4 notification published on 28. 10. 1993 and Section 6 notification published on 16. 5. 1994. The Land Acquisition Officer offered compensation at the rate of Rs. 0. 82ps. per sq. mtr. for the acquired lands and the award to that effect was declared on 22. 4. 1996. The respondent - claimants preferred applications for reference under Section 18 of the Act and prayed for compensation at the rate of Rs. 50/- per sq. mtr. for the acquired lands which were agricultural lands on the relevant date. After considering the awards made by the Reference Court for acquisition of agricultural lands in adjoining villages for the same purpose of construction of Narmada canal, the Reference Court awarded additional compensation at the rate of Rs. 28/- per sq. mtr. . Hence, these appeals by the State.

(3.) IT appears from the record and there is no dispute about the fact that for the purpose of construction of the Narmada canal lands came to be acquired from three adjoining villages under Section 4 notifications published in September 1992 and October 1993 and the Land Acquisition Officer made awards between December 1995 and April 1996 awarding compensation at the rate ranging between Re. 0. 60ps. per sq. mtr. of non-irrigated land to Re. 1. 08ps. per sq. mtr. of irrigated land. In the references at the instance of the land holders, the Reference Court determined the market value of the agricultural lands at the rate of Rs. 28. 90 for the lands in village Patana (covered by Section 4 notifications published on 24. 9. 1992 and 21. 10. 1993) and the rate of Rs. 30. 08ps. per sq. mtr. for the lands in village Sontha (section 4 notification published on 3. 9. 1992 ). When the said awards were brought to the notice of the Reference Court by the respondent - claimants, the Reference Court accepted the same as reliable evidence for the purpose of determining the market value of the lands in village Devaliya where Section 4 notification was published on 28. 10. 1993. After determining the market value of the land in village Devaliya at Rs. 28. 80 per sq. mtr. , the Reference Court awarded additional compensation at the rate of Rs. 28/- per sq. mtr. by judgment dated 17. 4. 2006.