DHUSABHAI POLABHAI Vs. SPECIAL LAND ACQUISITION OFFICER AHMEDABAD

JUDGEMENT

(1.) THESE six appeals arise out of the proceedings under the Land Acquisition Act. The acquired lands are situated within the area encircled by a dark blue dotted line on the sketch Exhibit 28. The survey numbers concerned in First Appeal No. 95 of 1953 are 222/1-2-3 and 223/1 of Vastrapur. The lands which are the subject-matter of First Appeals Nos. 96 and 253 of 1953 are Survey Nos. 187 and 113/1 respectively of Kochrab. Survey numbers in respect of which First Appeal No. 299 of 1953 is filed are 212 and 224/3 of Vastrapur. The survey numbers relating to First Appeals Nos 335 and 439 of 1953 are 225 and 114 respectively of Vastrapur and Kochrab.

(2.) A large number of lands have been acquired for the Ahmedabad Education Society and those lands are situated within the limits of Vastrapur, Sheikhpur Kanpur and Kochrab villages of the Ahmedabad District. The lands acquired are about 500 acres in area. They have been acquired for the purpose of constructing the University buildings, engineering college and other buildings. Notification under S. 4 of the Land Acquisition Act was issued on 22nd October, 1946 and it was published in the Bombay Government Gazette on 31st October, 1946. Two notifications were issued under S. 6 of the Act, one of which was issued on 2nd March, 1948 and the other on the 15th May, 1948. Possession of the Vastrapur lands was taken on 15th April, 1948 and that of the Kochrab lands was taken on 21st June, 1948. Vastrapur lands were required for the College hostels and Kochrab lands were required for the engineering college. It may be noted that the acquired lands are outside the city municipal limits. They are also outside the limits of the Ellis Bridge town planning scheme; but they adjoin 'the lands which already belong to the Ahmedabad Education Society and on which are situated the Arts, Commerce and Pharmacy colleges conducted by the Society. The dark blue dolled configuration on the sketch Exhibit 28 with in which the acquired lands are situated is skirted all round by the various nalias, amongst which may be mentioned the Vastrapur nalias, amongst which may be mentioned the Vastrapur nalia, the Kochrab Memnagar nalia and Sheikhpur Memnagar nalia. The Kochrab Memnagar nalia and the Sheikhpur Memnagar nalia join at the eastern boundary of Survey No. 211 of Vastrapur. They separate again at the south-east corner of Survey No. 114 of Vastrapur. Some of the acquired lands which are the subject-matter of these appeals have an access through the nalias.

(3.) NOW, Survey No. 222/1-2-3 of Vastrapur admeasures 4 acres 14 gunthas. The Land Acquisition Officer awarded compensation at the rate of Rs. 2-8-0 per square yard. The learned Assistant Judge raised (he rate by 0-4-0 a square yard and allowed compensation at the rate of Rs. 2-12-0 per square yard. In appeal No. 95 of 1953, the claimant claims a rate of Rs. 5 per square yard. Survey No. 223/1 of Vastrapur admeasures 2 acres 14 gunthas. The Land Acquisition Officer awarded compensation for this land at the rate of Rs. 3-8-0 per square yard and on reference the learned Assistant Judge confirmed the said rate. Now the claimant claims compensation at the rate of Rs. 5 per square yard. In appeal No. 96 of 1953, for Survey No. 167 which admeasures 3 acres 35 gunthas, the Land Acquisition Officer awarded compensation at the rate of Rs. 3 per square yard and the learned Assistant Judge on reference raised it by 0-4-0 per square yard and awarded compensation at the rate of Rs. 3-4-0 per square yard. In appeal the claimant is asking for compensation at the rate of Rs. 4 per square yard. So far as appeal No. 253 of 1953 is concerned, it may be remembered that for Survey No. 113/1 admeasuring 1 acre 34 gunthas, the Land Acquisition Officer awarded compensation at the rate of Rs. 6-8-0 per square yard. The learned Assistant Judge confirmed the said rate of compensation, and the claimant, feeling dissatisfied, has claimed compensation at the rate of Rs. 8-8-0 per square yard. In appeal No. 299 in which we are concerned with Survey Nos. 212 and 224/3, the Land Acquisition Officer, for Survey No. 212 admeasuring 3 acres 27 gunthas, awarded compensation at the rate of Rs. 3-12-0 per square yard. The learned Assistant Judge, on a reference to him, confirmed that said rate and now the claimant claims that he should be awarded compensation for this land (Survey No. 212) at the rate of Rs. 5 per square yard. So far as Survey No. 224/3 is concerned, it admeasures 22 gunthas, inclusive of a kharaba of one guntha. The Land Acquisition Officer awarded compensation for this land to the claimant at the rate of Rs. 3-8-0 per square yard and the learned Assistant Judge, on a reference made to him, confirmed that order. Now, the claimant in this appeal (No. 299) claims compensation at the rate of Rs. 4-12-0 per square yard. In appeal No. 335 where we are concerned with Survey No. 225 admeasuring 8 acres 9 gunthas, the Land Acquisition Officer has awarded compensation at the rate of Rs. 2-12-0 per square yard and this rate was confirmed by the learned Assistant Judge on reference. The claimant now claims in the present appeal compensation at the rate of Rs. 4 per square yard. In appeal No. 439 where we are concerned with Survey No. 114 admeasuring 2 acres 17 gunthas 13 square yards, the Land Acquisition Officer awarded compensation at the rate of Rs. 2 per square yard and this was confirmed by the learned Assistant Judge on reference. Now the claimant claims compensation at the rate of Rs. 5 per square yard.