DEPUTY GENERAL MANAGER Vs. PATEL PRAVINBHAI JAYRAMBHAI

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 dated 09th August 2005 passed by the Principal Senior Civil Judge, Mehsana in Land Acquisition Reference Case Nos.3770 of 2003 and allied matters, whereby the References were partly allowed and the appellant-ONGC was held liable to pay different amount for different period of time as enumerated in paragraph 2 of the impugned judgment and award, towards 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. Heard learned counsel for the respective parties and perused the documents on record. THE issue involved in these appeals is squarely covered by the ratio laid down by the Division Bench of this Court in the case of Oil and Natural Gas Corporation Ltd. v. Sankarji Hemaji and another, reported in (2008) 17 GHJ 523. It would be beneficial to reproduce the relevant portion of the said decision as under :