LAWS(GJH)-2010-12-50

DEPUTY GENERAL MANAGER Vs. PATEL BABABHAI KESHAVDAS

Decided On December 08, 2010
DEPUTY GENERAL MANAGER Appellant
V/S
PATEL BABABHAI KESHAVDAS Respondents

JUDGEMENT

(1.) THIS group of appeals involve common questions on law and facts and therefore, they are disposed of by this common judgment.

(2.) THESE appeals have been filed against the judgment and award passed by the 4th Joint Civil Judge (S.D.), Mehsana in Land Acquisition Reference Case No.3121 of 2003 dated 22nd April 2004, whereby, the references were partly allowed and the appellant-ONGC was held liable to pay Rs.4.30 ps. per sq. metre as annual rent to the original claimants along with interest @ 9% p.a. for the first year and thereafter, @ 15% p.a. till the entire amount is realised.

(3.) THE main contention raised by the appellant-Corporation is that the reference Court has not appreciated the law governing the subject, more particularly, Section 35 of the Land Acquisition Act, in its proper perspective. It has been submitted that the reference Court has also lost sight of several other important factors while awarding additional amount of rent.