GOVINDBHAI KANJIBHAI Vs. IIND SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Admitted. Mr. H.L.Jani, learned A.G.P. waives service of notice on behalf of the respondents. At the joint request of learned advocates appearing for the parties, all the above-numbered 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 appellants have challenged common judgment and award dated 8/03/1995 rendered by the learned 2nd Joint District Judge, Ahmedabad (Rural), Mirzapur, in Land Acquisition Reference Cases No. 819/88 to 828/88 and are claiming enhanced compensation. We may state that all the above-referred to references were consolidated with Land Acquisition Reference Case No.825/88, which was treated as main case in which parties had led common evidence. Lands in dispute of village Khambhada, Taluka : Dhandhuka, District : Ahmedabad were placed under acquisition pursuant to publication of preliminary notification on 6/09/1983 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 State Government had received a proposal to acquire agricultural lands of village Khambhada for Khambhada Irrigation Scheme. On scrutiny of the said proposal, State Government was satisfied that the agricultural lands of village Khambhada 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 6/09/1983. The owners whose lands were proposed to acquire were served with notices and they had filed their objections against the proposed acquisition. After considering their objections, Special Land Acquisition Officer, Ahmedabad had submitted 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 Khambhada which were specified in the notification published under section 4(1) of the Act were needed for public purpose of Khambhada Irrigation Scheme. Therefore, declaration under section 6 of the Act was made which was published in Official Gazette on 16/10/1986. Interested persons were thereafter served with notices under section 9 of the Act for determination of compensation. Having regard to the materials placed before him, Special Land Acquisition Officer, Ahmedabad by his award dated May 3, 1988 offered compensation to the claimants at the rate of Rs. 1.20 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 to the Special Land Acquisition Officer requiring him to refer the matters to the Court for the purpose of determination of compensation. Accordingly, references were made to the District Court, Ahmedabad (Rural) at Mirzapur, which were numbered as Land Acquisition Reference Cases No.819/88 to 828/88. In the reference applications it was claimed by the claimants that having regard to the fertility of the lands acquired as well as income which the claimants were deriving from the sale of agricultural produces, they were entitled to compensation at the rate of Rs. 25.00 per sq.mt. According to the claimants, lands acquired were irrigated lands and as the claimants were taking 2 to 3 crops in a year, they were entitled to enhanced compensation. Though on behalf of the opponents, learned District Government Pleader had appeared, no written statement was filed controverting the averments made in the reference applications. In view of the averments made in the reference applications, necessary issues for determination were raised by the reference court. In order to substantiate the claim advanced in the reference applications, witness Govindbhai Kanjibhai was examined by the claimants at Exh.23. The witness stated in his deposition that the lands situated just adjacent to acquired lands were also put under acquisition by the Government for the same purpose pursuant to publication of notification on 6/09/1983 issued under section 4(1) of the Act and the reference Court in Land Acquisition Reference Cases No. 829/88 to 852/88 had awarded additional compensation to the claimants at the rate of Rs. 9.00 per sq.mt. and, therefore, the claimants were at least entitled to additional compensation at the rate of Rs. 9.00 per sq.mt. The witness produced certified copy of the previous award of the reference Court rendered in Land Acquisition Reference Cases No. 829/88 to 852/88 at Exh.21. The witness further asserted before the Court that neighbouring lands which were acquired were equally fertile as the lands acquired in the present case and the claimants were taking 2 to 3 crops in a year and were earning substantial income from the sale of agricultural produces. On behalf of the respondents, no evidence was produced to indicate that the offer of compensation made by the Special Land Acquisition Officer was either adequate or just. On appreciation of evidence, the Court held that previous award of the reference Court rendered in Land Acquisition Reference Cases No. 829/88 to 852/88 was comparable as well as relevant for the purpose of ascertaining market value of the acquired lands. Placing reliance on the previous award of the reference court which was produced at Exh.21, the reference Court held that the claimants are entitled to additional compensation at the rate of Rs.9.00 per sq.mt. by impugned common award dated 8/03/1995, giving rise to present appeals.