LAWS(GJH)-2010-12-160

GENERAL MANAGER Vs. RABARI VASIBHAI SAIJIBHAI

Decided On December 08, 2010
GENERAL MANAGER Appellant
V/S
RABARI VASIBHAI SAIJIBHAI 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 Principal Senior Civil Judge, Mehsana in Land Acquisition Reference Case No.3484 of 2003 and allied matters dated 31st August 2005, whereby, the references were partly allowed and the appellant-ONGC was held liable to pay different amount for the stipulated period as indicated in paragraph 1 of the operative part of the impugned award 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.