GENERAL MANAGER Vs. PATEL VITHALBHAI NARANDAS HANSRAJBHAI

JUDGEMENT

(1.) AS common question of law and facts arises in these group of appeals and they arise out of the common judgment and award passed by the learned Extra ASsistant Judge, Mehsana dated 29/10/2001 in Land Acquisition Reference Case Nos. 1229 to 1233 of 1997 all these appeals are disposed of by this common judgment and order.

(2.) THE lands in question of the original claimants, which were already under temporary acquisition by the appellant-ONGC were sought to be permanently acquired and, therefore, a proposal came to be accepted and notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as ?the Act?) came to be published on 08/03/1994 and notification under Section 6 of the Act came to be published on 12/10/1995. All the claimants were served with the notices as required under Section 9(3)(4) of the Act and, thereafter the Special Land Acquisition Officer declared the award under Section 11 of the Act on 30/10/1996 determining to award compensation for the acquired lands at the rate of Rs. 3.30 per sq meter. THE original claimants were dissatisfied with the amount of compensation determined by the Special Land Acquisition Officer and, therefore, they submitted applications to prefer References to the District Court, Mehsana by which they were numbered as Land Acquisition Reference Case Nos. 1229/1997 to 1233/1997. THE original claimants claimed compensation for the acquired lands at the rate of Rs. 190 per sq meter. On appreciation of evidence adduced on record the learned Reference Court by impugned common judgment and award dated 29/10/2001 partly allowed the said References directing the appellant-original opponent to pay additional compensation to the original claimants at the rate of Rs. 11.70 ps per sq meter over and above the amount of compensation already awarded by the Special Land Acquisition Officer. THE learned Reference Court also passed an order directing the appellant-original opponent to pay additional amount of compensation at the rate of 12% per annum on additional amount of compensation awarded to the claimants according to provisions of Section 23(1-A) of the Act. THE learned Reference Court also passed an order directing the appellant-original opponent to pay the amount of solatium at the rate of 30% on the additional amount of compensation under Section 23(2) of the Act. THE learned Reference Court also passed and order directing the appellant-original opponent to pay interest on the additional compensation also at the rate of 9% per annum from the date of taking possession or from the date of issuing notification under Section 4 of the said Act, whichever is earlier for the first year and, thereafter, at the rate of 15% per annum till realization of the amount payable. Being aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court, the common appellant-original opponent has preferred the present First Appeals.

(3.) HEARD the learned advocates appearing on behalf of the respective parties at length. Considering the smallness of the amount involved in the First Appeals, which is ranging between Rs. 3000 to Rs. 27,000/- all these First Appeals are dismissed solely on the ground of smallness of the amount involved with an observation that this Court has not expressed anything on merits with respect to the determination of the market price and the same shall not be cited as a precedent in any other matter. Now so far the clarification prayed by the learned advocate appearing on behalf of the appellant-original opponent to the effect that it may be clarified that the claimants shall be entitled to the benefit under Section 23(1-A) and Section 28 of the Act from the date of declaring the award by the Special Land Acquisition Officer is concerned as such the Special Land Acquisition Officer has already clarified the same in the award declared under Section 11 of Act dated 30/10/1996. It is to be noted in the present case the lands were already earlier temporarily acquired and at the relevant time possession was taken over by consent and till the award was declared by the Special Land Acquisition Officer original claimants were paid yearly rent due and payable under Section 35 of the Act. In the award dated 30/10/1996 declared by the Special Land Acquisition Officer under Section 11 of the Act it is specifically observed by the Special Land Acquisition Officer that as earlier the possession of the lands were taken over by ONGC while acquiring the lands in question temporarily the Special Land Acquisition Officer is required to obtain formal possession on permanent basis. It is also specifically observed by the Special Land Acquisition Officer in the award dated 30/10/1996 in paragraph 8(1) that the claimants shall be entitled to the additional compensation as provided under Section 23(1-A) of the Act from the date of issuance of the notification under Section 4 of the Act till the declaration of the award under Section 11 of the Act i.e. 30/10/1996. In paragraph 9(6) also the Special Land Acquisition Officer has clarified that for the purpose of granting benefit of interest etc. the claimants shall be entitled to the same from the date of the declaration of the award and necessary clarification is made in paragraph 15 of the award also. Considering paragraph 15 of the award it is very clear that the date of taking over the possession is required to be considered i.e. the day on which the award has been declared by the Special Land Acquisition Officer i.e. 30/10/1996 and, therefore, for all practical purpose and granting benefits available under Section 23(1-A) and 28 of the Act, necessary date of taking over possession shall be considered as 30/10/1996 and, therefore, the original claimants shall be entitled to the benefit under Section 23 (1-A) of the Act from the date of issuance of the notification under Section 4 of the Act till the award is declared i.e. 30/10/1996 and the claimant shall be entitled to the interest/additional interest under Section 28 of the Act from the date of the declaration of the award i.e. 30/10/1996 i.e. at the rate of 9% per annum for the first year and 15 % per annum for the subsequent year. In view of the above and for the reasons stated hereinabove, all these appeals are dismissed with the above clarification that the claimants shall be entitled to the benefit under Section 23 (1-A) of the Act as well as Section 28 of the Act treating the date of taking over the possession as 30/10/1996 i.e. the date of declaration of the award under Section 11 of the Land Acquisition Act by the Special Land Acquisition Officer. No costs.