PROJECT MANAGER Vs. PATEL PRAHALDBHAI CHELDAS

JUDGEMENT

(1.) CHALLENGE in this group of appeals is to the impugned judgment and award dated 29/10/2001 rendered by the Ld. Extra Assistant Judge, Mehsana in Land Reference Case Nos. 1404/1997 to 1406/1997.

(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 of the Land Acquisition Act [for short 'the Act'] came to be published on 2/9/1995 and notification under sec. 6 of the Act came to be published on 24/5/1996. All the claimants were served with the notices as required under section 9 of the Act and thereafter, the Special Land Acquisition Officer declared the award under section 11 of the Act on 22/4/1997 determining to award compensation for the acquired lands @ Rs.2-40 ps., per sq. mtr. THE original claimants were dissatisfied with the amount of compensation determined by the Special Land Acquisition Officer and, therefore, they submitted applications for Reference. THEir References were numbered and registered as Land Reference Case Nos. 1404 to 1406 of 1997. THE original claimants claimed compensation for the acquired lands @ Rs.190/- per sq. mtr. On appreciation of the evidence adduced on record, the Reference Court, by the impugned common judgment and award, partly allowed the said reference cases and directed the appellant original opponent to pay additional compensation to the original claimants @ Rs.12-60 ps., per sq. mtr. over and above the amount of compensation already awarded by the Special Land Acquisition Officer. Ld. Reference Court passed the award directing the appellant original opponent to pay additional amount of compensation @ 12% p.a., on additional amount of compensation awarded to the claimants under section 23 [1A] of the Act. THE Ld. Reference Court also passed award directing the appellant original opponent to pay amount of solatium as contemplated under section 23[2] of the Act. THE Reference Court also directed the appellant original opponent to pay interest on the additional compensation @ 9% p.a., from the date of taking over possession or from the date of issuing notification under sec. 4 of the Act, whichever is earlier for the first year and thereafter, @ 15% p.a., till realization of the amount.

(3.) MR. A.C. Nanavati, Ld. Counsel appearing on behalf of the original claimants has submitted that as such considering the award declared by the Special Land Acquisition Officer and the necessary observations made in paras. 6 and 15, as such no clarification is required. Still, the Ld. Counsel has submitted that he has no objection if the necessary clarification is made for abundant caution.