SPECIAL LAND ACQUISITION OFFICER Vs. SHIVABHAI VASHRAMBHAI

JUDGEMENT

(1.) In the above captioned group of appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act") read with Section 96 of the Civil Procedure Code, 1908, what is challenged is the legality of common award dated 21.04.2004 passed by the Joint District Judge, Dhrangadhra in Land Acquisition Reference Case Nos.38 to 51 of 1998. By the said award, the learned Civil Judge had awarded additional compensation at the rate of Rs.8.8 per Sq. Mtr.

(2.) The lands of village Panva, Taluka Dasada, District Surendranagar were acquired for the public purpose of Narmada Canal Yojana. Notification under Section 4(1) of the Act was issued, which was published in the Official Gazette on 27.2.1992. Thereafter, the State Government made declaration under Section 6 of the Act, which was published on 5.3.1993. The interested persons were served with notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.10/- per Sq. Mtr. However, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.0.8 per Sq. Mtr. for non non-irrigated lands and Rs.1.20 per Sq.Mtr. for irrigated lands.

(3.) The claimants, seeking higher compensation, submitted an application under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their cases to the Court for the purpose of determining the just and fair compensation. Accordingly, the reference was made to the Joint District Court, Dhrangadhra; where they were registered as Land Reference Case Nos.38 to 51 of 1998.