SPECIAL LAND ACQUISITION OFFICER Vs. AMARSINH MAVABHAI GADHAVI

JUDGEMENT

(1.) This batch of 126 First Appeals is directed against the common order dated 7/01/1998 passed by the 2nd Extra Assistant Judge, Kheda, at Nadiad, in a group of Land Reference Cases Nos.356/94 (1), 1077/92 to 1085/92 (9), 29/33 to 45/93 (17), 46/93 to 48/93 (3), 1640/94 to 1642/94 (3), 1086/92 to 1092/92 (7), 1070/92 to 1076/92 (7), 1061/92 to 1065/92 (5), 1067/92 to 1069/92 (3), 343/94 to 352/94 (10), 395/94 to 409/94 (15), 1364/94 (1), 355/94 (1), 357/94 to 361/94 (5), 315/94 to 318/94 (4), 367/94 to 378/94 (12), 379/94 to 394/94 (16) and 1096/92 to 1102/92 (7), 126 in all main land reference case being 356/94. Whereas all these 126 references have been decided by a common order as aforesaid and the present batch of 126 First Appeals have been filed against the common order dated 7th January 1998 and the appeals involve common questions based on identical facts, we propose to decide all these 126 appeals by this common judgment and order.

(2.) The agricultural lands of village Antroli, Taluka Kapadvanj, were sought to be acquired for the purpose of Narmada Project, Main Canal, Division-5. For this purpose, the notifications under Section 4 were issued on different dates ranging between 10/06/1990 to 13th August 1990. The notifications under Section 6 were published on 15/01/1991. The land owners claimed the compensation before the Land Acquisition Officer at the rate of Rs.120.00 per sq.mtr. The Land Acquisition Officer passed the award on different dates in different cases and with regard to the Land Acquisition Case No.16/90, the award was passed on 10/07/1992, but there is no dispute that the awards were passed in all the cases in the year 1991-92. We are informed that the Land Acquisition Officer had classified the groups of the cases on the basis of taking the block of 8 Ha. of the land in each group and, therefore, the land owners whose lands fell in the block of 8 Ha. was taken as one case of land acquisition. In all the cases, the Land Acquisition Officer himself found that the entire land which was acquired from all these land owners of village Antroli was irrigated land and on that basis, he passed the award granting compensation at the rate of Rs.330/per Are. Being aggrieved from the rate of compensation as was decided by the Land Acquisition Officer, the claimants sought reference under Section 18 of the Land Acquisition Act and these references under Section 18 have been decided by the reference Court as above by its order dated 7/01/1998 whereby the reference Court has partly allowed all these Land Reference Cases with proportionate costs awarding compensation to each of the claimants at the rate of Rs.2000.00 per Are, i.e. at the rate of Rs.20.00 per sq.mtr. along with other allied reliefs with regard to solatium, increase upon the market price at the rate of 12% from the date of the notifications under Section 4 of the Act till the date of the award without interest, and 9% interest on the amount of compensation from the date of the award for the period of first year and 15% interest per annum for the subsequent years till realisation and it was also ordered that any other compensation awarded by the Land Acquisition Officer under Sec.11 of the Act will also be allowed accordingly.

(3.) Aggrieved from this order dated 7/01/1998, the present appeals have been filed by the Special Land Acquisition Officer and the Executive Engineer, Narmada Project as appellants, wherein the only challenge which has been thrown before us is with regard to the rate at which the compensation has been granted, i.e. at the rate of Rs.20.00 per sq.mtr. No other part of the order passed by the reference Court is under challenge before us.