SPECIAL LAND ACQUISITION OFFICER Vs. RAYSINGBHAI SOMABHAI

JUDGEMENT

(1.) By means of filing these appeals under section 54 of the Land Acquisition Act, 1984 read with section 96 of the Code of Civil Procedure, 1908, the appellants have challenged legality of common judgment and award dated 30/12/1993 rendered by the learned Assistant Judge, Nadiad, in Land Acquisition Reference Cases No.888/91 to 893/91. All the above-referred to references were consolidated with Land Reference Case No.891/91, which was treated as main case and in which parties had led common evidence. The lands of the respondents-claimants were placed under acquisition pursuant to publication of notification on 26/06/1989 which was issued under section 4(1) of the Land Acquisition Act. As common questions of fact and law are involved in these appeals, we propose to dispose of them by this common judgment.

(2.) Executive Engineer, Division 3/6, Thasara had proposed to the State Government to acquire lands of village Masra, Taluka : Thasara, District : Kheda for public purpose of Khumarvada Branch of Narmada Canal. On scrutiny of the said proposal, the State Government was satisfied that lands of village Masra were likely to be needed for the said public purpose. Therefore, notification under section 4(1) of the Land Acquisition Act, 1894 ("the Act" for short) was issued, which was published in Official Gazette on 26/06/1989. Therein, lands which were proposed to be acquired were specified. Land owners were served with notices under section 4 of the Act and they had filed their objections against the proposed acquisition. After considering their objections, Special Land Acquisition Officer, Shedhi Irrigation Project, Unit No.8 had forwarded his report to the State Government as contemplated by section 5A(2) of the Act. On consideration of the said report, the State Government was satisfied that the lands of village Masra which was specified in the notification published under section 4(1) of the Act were needed for public purpose of Khumarvada Branch of Narmada Canal. Therefore, declaration under section 6 of the Act was made which was published in the Official Gazette on 15/02/1990. The interested persons were thereafter served with notices under section 9 of the Act for determination of compensation. The claimants appeared before Special Land Acquisition Officcer and claimed compensation at the rate of Rs. 20.00 per sq.mt., but having regard to the materials placed before him, Special Land Acquisition Officer by his award dated 7/12/1990 offered compensation to the claimants at the rate of Rs. 2.00 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 compensation. Accordingly, references were made to the District Court, Kheda, which were numbered as Land Reference Cases No. 888/91 to 893/91. In the reference applications, it was pleaded by the claimants that their acquired lands were highly fertile and having regard to the income derived by the claimants from the sale of agricultural produces, they were entitled to compensation at the rate of Rs. 20.00 per Sq.Mt. The reference applications were contested by the appellants by their common written statement, wherein it was inter-alia pleaded that the Special Land Acquisition Officer had taken into consideration all relevant factors before determining compensation and, therefore, reference applications should be dismissed. Upon rival assertions of parties, necessary issues for determination were raised by the reference Court at Exh.10. On behalf of the claimants, wintess Babubhai Kalabhai, who was claimant in Land Reference Case No. 891/91 was examined at Exh.13. He testified before the Court that all the lands were situated in the sim of village Masra and they were fertile as well as even. The witness stated before Court that in the year 1989, the claimants were able to cultivate paddy crop of about 70 maunds, wheat crop of about 50 to 60 maunds and millet crop of about 40 to 45 maunds. The witness further stated before Court that at the relevant time price of paddy was Rs. 45.00 to Rs.50/per 20 Kgs.; whereas price of wheat was Rs. 70/to Rs.80/per 20 Kgs. and that of millet was Rs.60.00 per 20 Kgs. The witness asserted before the Court that each claimant was able to get net profit of Rs. 10,000.00 to Rs. 12,000.00 per Bigha from the sale of agricultural produces. The witness claimed in his deposition that village Masra at the relevant time had got facilities of S.T.Bus services, dispensary, Water Works, Seva Sahakari Mandli, Milk Society, School etc. and, therefore, the claimants were entitled to enhanced compensation. On behalf of the present appellants, witness Amarsinh Virjibhai Munia was examined at Exh.23. This witness admitted that the lands which were acquired were fertile lands and the claimants were raising three crops in a year. The witness did not deny figures given by the witness of the claimants regarding yield of crops as well as income realised by the claimants therefrom.

(3.) After considering the evidence led by the claimants, the Reference Court held that Extract of Village Form 7/12 produced at Exhs. 15 to 20 indicated that the acquired lands were irrigated lands and the claimants were cultivating three crops in a year i.e. that of paddy, wheat and millet. The Reference Court further deduced that during the relevant period, the claimants were cultivating paddy worth Rs.3500.00, wheat worth Rs.4800.00 and millet worth Rs.2700.00 per Bigha. The Reference Court held that the average income of each claimant was Rs.3667.00 per Bigha. Having regard to the facts of the case, the Reference Court was of the opinion that 1/3rd amount should be deducted towards costs of cultivation and accordingly, held that the net income of each claimant from sale of agricultural produces was Rs. 2445.00 per Bigha. The Reference Court also held that facts of the case warranted application of multiplier of 14 and, therefore, according to Reference Court, market value of the acquired lands on the relevant date was Rs. 14.28 ps. per sq.mt. The claimants had also produced previous award of the Court rendered in main Land Reference Case No.323/86 at Exh.21. It indicated that lands of village Khijalpur were acquired pursuant to publication of preliminary notification on 21/07/1983 which was issued under section 4(1) of the Act and therein the Court had awarded compensation to the claimants at the rate of Rs. 13.10 ps. per sq. mt. The Reference Court was of the opinion that the said previous award was not only comparable, but also relevant for the purpose of determination of market value of acquired lands. In ultimate decision, Reference Court by the impugned award has held that the claimants are entitled to compensation at the rate of Rs. 14.28 ps. per sq.mt., giving rise to present appeals.