LAWS(GJH)-2010-12-161

DEPUTY GENERAL MANAGER Vs. PATEL GOVINDBHAI MADAHVLAL

Decided On December 09, 2010
DEPUTY GENERAL MANAGER Appellant
V/S
PATEL GOVINDBHAI MADAHVLAL 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, Mehsana in Land Acquisition Reference Case No.2689 of 2003 and 2688 of 2003 dated 31st August 2005, whereby, the references were partly allowed and the appellant-ONGC was held liable to pay different rent for the period stipulated 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. Heard learned counsel for the respective parties and perused the documents on record. Similar issues arose for consideration of this Court in a group of appeals being First Appeal No.792/2003 & allied matters. THE said group of appeals came to be disposed of by this Court, vide judgment and order dated 21st March 2006, relevant portions of which are reproduced hereunder for ready reference;