B.C.PATEL - (1.)The State, being aggrieved by an award made by the Reference Court on 27th January, 1998 awarding compensation to the claimants at the rate of Rs.1800/per Are with other statutory benefits, has preferred these appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the `Act') read with Section 96 of the Civil Procedure Code, 1908.
(2.)The facts, in brief, for the purpose of disposal of these appeals are as under:
The Executive Engineer, Narmada Project, made proposal for acquisition of agricultural lands of village Sandheli, Taluka Thasra, District Kheda for the purpose of Narmada Project (Mynore Canal). The Notifications under Sections 4 & 6 of the Act were issued on different dates. Awards were made by the Special Land Acquisition Officer on different dates determining the market price at the rate of Rs.1.50ps. per sq.mtr. The claimants, being aggrieved by determination of the market price and not agreeable to the offer, sought References and on different dates, References were made in different cases. The Reference Case Numbers, the dates of notifications under Sections 4 & 6 of the Act, the dates of award are as under:
@@@ --------------------------------------------------------- L.A.R. Date of Date of Date of Nos. Notification Notification Award u/s. 4 u/s. 6 --------------------------------------------------------- 582/94 to 08/11/89 17/01/91 16/11/92 585/94 608/94 to 08/11/89 17/01/91 11/12/92 617/94 660/94 to 11/11/89 17/01/91 11/12/92 669/94 670/94 to 08/11/89 17/01/91 16/11/92 679/94 1950/94 to 09/05/90 05/04/91 29/03/93 1953/94 1882/94 to 02/07/90 05/09/91 17/08/93 1892/94 2071/94 to 11/02/91 01/06/92 19/11/93 2077/94 2177/94 to 08/11/89 13/01/91 25/09/92 2180/94 ---------------------------------------------------------
(3.)There is no dispute that the Special Land Acquisition Officer followed the procedure contained under the Act for acquiring the lands and, therefore, procedural aspect is not required to be discussed. Suffice it to say that the Special Land Acquisition Officer determined the market price at the rate of Rs.1.50ps. per sq.mtr. while the claimants claimed Rs.10,000.00 per Are and also sought other benefits. The Reference Court on appreciation of evidence held that the claimants are entitled to get the market price at the rate of Rs.1800.00 (Rupees One thousand eight hundred only) per Are and other statutory benefits.