LAWS(GJH)-2010-12-182

DEPUTY GENERAL MANAGER Vs. PATEL NATHIBEN BHIKHABHAI

Decided On December 10, 2010
DEPUTY GENERAL MANAGER Appellant
V/S
PATEL NATHIBEN BHIKHABHAI Respondents

JUDGEMENT

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

(2.) BOTH these appeals have been filed against the judgment and award passed by the Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Case No.164 of 2002 dated 23rd August 2006, whereby, the references were partly allowed and the appellant-ONGC was held liable to pay Rs.5-20 ps. per sq.mtr. as annual rent to the original claimants along with interest as enumerated in the award 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.