SPECIAL LAND ACQUISITION OFFICER Vs. GABRIAL SOMABHAI KHRISTI

JUDGEMENT

(1.) The appellants have filed this group of Appeals under section 54 of the Land Acquisition Act, 1894 (to be referred to as "the Act") read with section 96 of the Code of Civil Procedure, challenging the common judgment and award dated 30/04/1998 passed by the learned 2nd Extra Assistant Judge, Kheda at Nadiad, in Land Acquisition Reference Case No. 870/96 with Land Acquisition Reference Cases No. 852/96 to 873/96, 874/96 to 876/96, 896/96 to 898/96, 918/96 to 924/96 and 934/96 to 937/96. As these appeals arise from common judgment and award and as common questions of law and facts are involved,we propose to disposeof them by this common judgment.

(2.) The Executive Engineer of National Highway proposed to State Government to acquire agricultural lands of village Vansar, Taluka : Matar for the purpose of alignment of National Highway No.8, which is the project of Central Government. Pursuant to the said proposal, notification under section 4(1) of the Act was published on 5/08/1993. Subsequently notifications were also issued under section 4(1) of the Act on 6th January, 1994 and Janua 13/01/1994 for acquiring lands of the same village. After considering the objections filed by the owners of the acquired lands, report was submitted by the Special Land Acquisition Officer to the Government under section 5-A(2) of the Act and thereafter declarations under section 6 of the Act were made for the acquisition of the lands of village Vansar. The interested persons were issued notices under section 9 of the Act for determination of compensation. The Land Acquisition Officer after considering the materials placed before him, fixed the market value of the acquired lands at the rate of Rs. 450.00 per Are.

(3.) The claimants were of the opinion that the compensation determined by the Land Acquisition Officer was inadequate and,therefore, they filed applications under section 18 of the Act, which were referred to the District Court, Kheda and numbered as mentioned in Para-1 of this judgment. Before the Reference Court, the claimants claimed compensation of the acquired lands at Rs. 10,000.00 and Rs. 20,000.00 per Are. The said references came to be transferred to the Court of learned Extra Assistant Judge, Kheda at Nadiad. All the reference cases were consolidated by the Reference Court. The claimants in support of their claim, examined Punambhai Naranbhai Patel,who was claimant of L.R.Case No. 865/96, at Exh. 12. The claimant also examined Arvindbhai S. Gupta, who was the claimant of L.R.Case No. 921/96, at Exh.67. The claimants also produced documentary evidence in the form of sale deed dated March 30, 1990 at Exh.68. The claimants produced 7/12 Forms of the acquired lands at Exhs. 13 to 68. The order dated 22/07/1996 passed by the Deputy Collector, Stamp Duty, Nadiad was produced at Exh.69.