EXECUTIVE ENGINEER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admitted. Mr. M.R.Raval, learned Assistant Government Pleader waives service of notice on behalf of respondents no.1 & 2 and Mr. G.M. Amin, learned Counsel waives service of notice on behalf of the claimants in each appeal. At the joint request of learned advocates appearing for the parties, all these appeals are taken-up for final hearing today.

(2.) By means of filing these appeals under section 54 of the Land Acquisition Act, 1894 read with section 96 of the Code of Civil Procedure, 1908, the acquiring body has challenged legality of common judgment and award dated 29/11/1997 rendered by the learned 2nd Extra Assistant Judge, Kheda at Nadiad in Land Acquisition Reference Cases No. 32/92, 34/92, 572/92 to 574/92, 581/92 to 591/92, 598/92 to 603/92 and 605/92. All the above-referred to references were consolidated with Land Acquisition Reference Case No. 33/92, which was treated as main case and parties had led common evidence therein. Agricultural lands of village Vanthvali were placed under acquisition pursuant to publication of preliminary notification on 27/06/1990 which was issued under section 4(1) of the Land Acquisition Act, 1894. As common questions of fact and law are involved in these appeals, we propose to dispose of them by this common judgment.

(3.) The Executive Engineer, Shedhi Project had proposed to the State Government to acquire agricultural lands of village Vanthvali, Taluka : Mahemadavad, District : Kheda for public purpose of Varsola Canal of Shedhi river. On scrutiny of the said proposal, State Government was satisfied that agricultural lands of village Vanthvali were likely to be needed for the said public purpose. Accordingly, notification under section 4(1) of the Land Acquisition Act, 1894 ("the Act" for short) was issued, which was published in Official Gazette on 27/06/1990. Land owners whose lands were proposed to be acquired were served with notices and they had filed their objections against proposed acquisition. After considering their objections, Special Land Acquisition Officer, Narmada Yojana, Nadiad had forwarded his report to the State Government as contemplated by section 5A(2) of the Act. On consideration of the said report, State Government was satisfied that agricultural lands of village Vanthvali which were specified in the notification published under section 4(1) of the Act were needed for public purpose of Varsola Canal of Shedhi river. Therefore, declaration under section 6 of the Act was made which was published in Official Gazette on 5/12/1990. The interested persons were thereafter served with notices for determination of compensation of the acquired lands. The claimants had appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs. 2000.00 per Are. Having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated 22/07/1991 offered compensation to the claimants at the rate of Rs. 320/per Are. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they submitted applications in writing requiring Special Land Acquisition Officer to refer the matters to the Court for determination of compensation of the acquired lands. Accordingly, references were made to the District Court, Kheda at Nadiad, which were numbered as mentioned earlier. In the reference applications it was pleaded by the claimants that their agricultural lands which were acquired were highly fertile and as they were taking three crops in a year,they were entitled to enhanced compensation. What was claimed therein was that the price of lands situated nearby was very high at the relevant time and, therefore, they should be awarded compensation at the rate of Rs. 2000.00 per Are. On behalf of the Special Land Acquisition Officer, Nadiad as well as present appellant, written statement was filed at Exh.8 controverting the averments made in the reference applications. In the reply, it was stated that compensation of the acquired lands was determined by the Special Land Acquisition Officer after considering the fertility, income, crop etc. and, therefore, additional amount of compensation should not be awarded to the claimants. It was also claimed therein that a just compensation was determined by the Special Land Acquisition Officer and, therefore, the reference applications should be dismissed. Upon rival assertions made by the parties, necessary issues for determination were raised by the reference court. Neither the claimants, nor acquiring authorities had led any oral evidence to substantiate their respective cases. However, on behalf of the present appellant, sale indexes were produced at Exhs. 40 to 45; whereas on behalf of the claimants, Village Form No. 7/12 pertaining to acquired lands were produced at Exhs. 24 to 36. The claimants had also produced previous award of the Court rendered in Land Acquisition Reference No.696/89 in respect of lands of village Makva, wherein market value of the lands of the said village was determined at the rate of Rs. 1752/per Are as on 14/08/1986 which was the date of publication of notification issued under section 4(1) of the Act. The claimants had produced copy of judgment of High Court rendered in First Appeal No. 2546/93 at Exh.21, which indicated that the appeal filed by the acquiring authorities against award of the reference court in Land Acquisition Reference No. 696/89 was dismissed and the award was upheld. Yet another award of the reference court was produced by the claimants at Exh.22. It related to lands of village Devki-Vansol. Therein, preliminary notification issued under section 4(1) of the Act was published on November 13, 1978 and the Court had determined market value of the lands acquired at the rate of Rs. 733.00 per Are. The claimants had produced judgment of the High Court at Exh.23, which indicated that First Appeal Stamp No. 15806/90 which was directed against judgment of the reference Court rendered in Land Acquisition Reference No. 30/85 in respect of lands of village Devki-Vansol was rejected. On behalf of the present appellant, previous award of the reference court rendered in Land Acquisition Reference Case No. 116/85 was produced at Exh. 48. That award related to lands of village Kesara and the reference Court had determined market value of the acquired lands at the rate of Rs. 540.00 per Are as on 22/09/1983, which was the date of publication of notification under section 4(1) of the Act. After considering the map which was produced by the acquiring body at Exh.49, the reference court deduced that boundaries of village Vanthvali and village Devki-Vansol were common and, therefore, previous award of the reference court rendered in respect of lands of village Devki-Vansol was comparable as well as relevant for the purpose of ascertaining market value of the lands of village Vanthvali. Placing reliance on the previous award rendered in respect of lands of village Devki-Vansol, the reference court held that market value of agricultural lands of village Vanthvali in the year 1978 was Rs. 733/per Are. The reference court was of the opinion that there was always rise in price of land with the passage of time and, therefore, claimants were entitled to rise in price of lands at the rate of 5% per annum, as there was gap of time between the notification issued under section 4(1) of the Act in case of lands of village Devki-Vansol and notification which was issued under section 4(1) of the Act for acquiring lands of village Vanthvali. In the ultimate decision, the reference court has held that the claimants are entitled to compensation at the rate of Rs. 1170.00 per Are, by the impugned common award, giving rise to present appeals.