SPECIAL LAND ACQUISITION OFFICER Vs. CHIMANBHAI BAJIBHAI

JUDGEMENT

(1.) First Appeals No.167/93 to 201/93 are filed by the Special Land Acquisition Officer, Nadiad, District : Kheda against common judgment and award dated October 1, 1990 rendered by the learned Extra Assistant Judge, Nadiad in Compensation Cases No.142/86 to 176/86. First Appeals No.226/93 to 259/93 filed by Special Land Acquisition Officer, Kheda and Executive Engineer (Construction), Western Railway,Ahmedabad as well as First Appeals No.838/93 to 870/93 filed by the original claimants are directed against common judgment and award dated 18/03/1991 rendered by the learned 2nd Joint District Judge, Nadiad in Land Acquisition Cases No. 436/87 to 468/87. First Appeals No.167/93 to 201/93 and First Appeals No.226/93 to 259/93 were admitted by the Court vide common order dated 2/07/1993. It may be mentioned that lands belonging to the claimants were acquired for the public purpose of 'Nadiad-Modasa-Kapadwanj Broad-gauge Railway. Common questions of facts and law are involved in all these appeals and, therefore, in view of the request made by the learned Counsel for the parties, we propose to dispose of all these appeals by this common judgment.

(2.) Facts of First Appeals No.167/93 to 201/93 : A proposal was received by the State Government to acquire agricultural lands of village Kavath,Taluka : Kapadwanj, District : Kheda for the public purpose of 'Nadiad-Modasa-Kapadwanj Broadguage Railway'. On scrutiny of the said proposal, the State Government was satisfied that agricultural lands of village Kavath were likely to be needed for the said public purpose. Therefore, notification under section 4(1) of the Land Acquisition Act, 1894 ("Act" for short) was issued which was published in Government Gazette on 24/07/1980. After taking into consideration the report which was submitted by the Special Land Acquisition Officer, Nadiad under section 5A(2) of the Act, declaration under section 6 of the Act was made which was published in the Government Gazette on 11/06/1981. The interested persons were thereafter served with notices under section 9 of the Act for determination of compensation. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 2000.00 per Are, but having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated 27/02/1986 awarded Rs. 140.00 per Are for irrigated lands and Rs. 100.00 per Are for non-irrigated lands as compensation to the claimants. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they made applications in writing requiring the Land Acquisition Officer to refer the matters to the Court for determination of appropriate compensation. Accordingly, references were made to the District Court,Kheda at Nadiad, which were numbered as Compensation Cases No.142/86 to 176/86. In the reference applications it was pleaded that having regard to high fertility of the agricultural lands acquired and in view of overall development which had taken place near the acquired lands, the claimants should be awarded compensation at the rate of Rs. 2000.00 per Are. The reference applications were contested by the Western Railway vide written statement at Exh.11 contending, inter-alia, that determination of compensation by the Special Land Acquisition Officer was just as well as adequate and, therefore, reference applications should be dismissed. Upon rival assertions of the parties, necessary issues for determination were raised by the reference Court. In order to substantiate the claim advanced in the reference applications, two witnesses were examined on behalf of the claimants, namely, Laljibhai Nathabhai at Exh.17 and authorised valuer Mr. Apabhai Fulabhai at Exh.74; whereas on behalf of the western railway, Govindbhai Somabhai, who was discharging duties as a Head Clerk in the Office of Executive Engineer, Western Railway, Ahmedabad, was examined at Exh.76. On appreciation of evidence led by the parties, the reference Court held that Special Land Acquisition Officer was not justified in placing reliance on sale pertaining to Survey No.390, as the same was not proved as required by law. The learned Judge deduced that original sale index produced at Mark 12/2/1 was also not relevant for the purpose of determining market value of the lands acquired, as sale transactions were not proved in accordance with law. After going through the previous award which was produced on behalf of the Western Railway, the reference Court concluded that the said award was neither comparable nor relevant and, therefore, was of no use in determining market value of the acquired lands. The learned Judge also held that in view of the evidence of Lavjibhai Nathabhai which was recorded at Exh.10 and the authorised valuer Mr. Apabhai Fulabhai recorded at Exh.74, this was a fit case for determining market value of the acquired lands on yield basis. In ultimate analysis, the learned Judge by the impugned award has held that the claimants are entitled to compensation at the rate of Rs. 10.40 ps. per sq.mt. for irrigated lands and Rs. 10.00 ps. per sq.mt. for non-irrigated lands, by the impugned award giving rise to the the above-numbered appeals.

(3.) Facts of First Appeals No.226/93 to 259/93 and First Appeals No.838/93 to 870/93 : A proposal was received by the State Government to acquire agricultural lands of village Thawad, Taluka : Kapadwanj, District : Kheda for the public purpose of "Nadiad-Modasa-Kapadwanj Broadguage Railway". On scrutiny of the said proposal, State Government was satisfied that agricultural lands of village Thawad were likely to be needed for the said public purpose and, therefore, notification under section 4(1) of the Act was issued which was published in Government Gazettee on 26/02/1981. After taking into consideration the report which was submitted by the Special Land Acquisition Officer under section 5A(2) of the Act, declaration under section 6 of the Act was made by the State Government, which was published in the Government Gazette on 1/12/1984. The interested persons were thereafter served with notices for determination of compensation. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 2000.00 per Are, but having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated 19/04/1986 offered compensation to the claimants at the rate of Rs. 1.40 ps. per sq.mt. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they made applications in writing requiring the Special Land Acquisition Officer to refer the matters to the Court for determination of appropriate compensation. Accordingly, references were made to the District Court, Kheda at Nadiad, which were numbered as Land Acquisition Cases No.436/87 to 468/87. In the reference applications it was claimed by the claimants that having regard to high fertility of the agricultural lands acquired and overall development which had taken place near the acquired lands, the claimants should be awarded compensation at the rate of Rs.2000.00 per Are. The reference applications were contested by the State Government vide written statement at Exh.8. Therein, it was inter-alia contended that the Special Land Acquisition Officer had determined the compensation after taking into consideration fertility of the lands acquired, different crops which were being raised on the lands acquired, income derived therefrom etc. and as just compensation was determined by him, reference applications should be dismissed. The Western Railway had contested the reference applications by filing written statement at Exh.10 and similar contentions as were raised in the written statement of the State Government, were raised by the Western Railway. Upon rival assertions of the parties, necessary issues for determination were raised by the reference Court. In order to substantiate the claim advanced in the refernce applications, claimant Chaturbhai Ranchhodbhai was examined at Exh.68; whereas Govindbhai Somabhai, who was discharging duties as Head Clerk in the Office of Executive Engineer,Western Railway, Ahmedabad was examined at Exh.107. On appreciation of evidence led by the parties, the reference Court held that the sale instances relied on by the Western Railway were neither comparable nor relevant for the purpose of ascertaining market value of the lands acquired in this case. It was deduced that in view of the evidence led by the claimants, market value was required to be ascertained on yield basis. In ultimate analysis, the reference Court by the impugned award has held that the claimants are entitled to compensation at the rate of Rs. 6.00 per sq.mt., giving rise to First Appeals No.226/93 to 259/93. According to the claimants, reference Court should have awarded more compensation to them than Rs. 6.00 per sq.mt. and, therefore, they have filed First Appeals No.838/93 to 870/93 claiming enhanced compensation.