GENERAL MANAGER Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) On 1.10.2001, the Court issued notice for final hearing which was made returnable on 25th October, 2001. In response to the notice, learned advocate Mr. A.J. Patel appeared for the respondents - claimants and has placed on record relevant material.

(2.) Land bearing block no. 50 admeasuring 60 Are 40 sq. mts. and the land of block no. 51 admeasuring 61 Are 53 sq.mt. were the subject matter before the Special Land Acquisition Officer. Lands are situated at village Devrasan, Taluka and District Mehsana. The Special Land Acquisition Officer invoked provisions contained in Section 35 of the Land Acquisition Act, 1874 (hereinafter to be referred to as "the Act") for temporary acquisition for Oil & Natural Gas Corporation Limited. Notice was issued for temporary occupation of land for a period of three years only. After hearing the claimants, the Special Land Acquisition Officer, by his award dated 18.7.91 held that the claimants are entitled to 0.80 ps. per sq. mt. per year by way of rent. Over and above this, for standing crop, some amount was awarded which we will refer at the appropriate stage. The claimants being not agreeable with the rent fixed by the Special Land Acquisition Officer made applications under Section 35 (3) of the Act and that is how the References were required to be dealt with by the Reference Court for determining the amount of rent of the lands in question. The Reference Court, on appreciation of evidence placed before it and also relying on the decision produced on record at exh. 16 for acquisition of lands situated at village Sanganpur, fixed the market rent at Rs. 3.80 per sq. mt. per year. The Reference Court also held that the claimants are entitled to have 20% more compensation under the head of standing crops over and above the amount of compensation awarded by the Special Land Acquisition Officer. The Reference Court held that the claimants are entitled to get interest at the rate of 9% from the date on which it became due till its realisation. It is against this common award made in Land Acquisition Reference Nos. 1262/94 and 1263/94 by the Reference Court, the present appeals are preferred by the beneficiary and not the State Government or the Special Land Acquisition Officer.

(3.) Mr. Ajay Mehta, learned advocate appearing for the appellant contended that the Reference Court has committed grave error in appreciating the evidence and determining the rent of the lands at Rs. 3.80 ps. per sq. mt. per year. He submitted that the Reference Court has committed error in relying on the award made with regard to the lands situated at village Sanganpur. He further submitted that in most of the cases in Mehsana District, the Reference Court has fixed the yearly rent at Rs. 2.70 ps. per sq. mt. per year and therefore, in no case, the amount of rent fixed in the instant case can be said to be reasonable.