GENERAL MANAGER Vs. PATEL BHIKHABHAI SOMDAS AND ANR

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and award dated 5.11.2004, passed by the learned Civil Judge(S.D.), Mehsana,in Land Reference Case Nos. 3593/2003 & 3954/2003, whereby, the said references were partly allowed and directed the opponent -present Appellant to pay an amount of Rs. 57.00 per sq. meter as compensation for the acquired land of the original claimants with 30% solatium and further directed to pay interest @ 12% p.a. from the date of publication to notification Under Section 4 of the Act up to the date of award passed by the land acquisition Officer in LAQ Case No. 34 of 1998 with running interest @ 9% p.a. for the period of one year from the date of taking over of possession and further to pay interest @ 15% p.a. on the above determined amount from the date of taking possession till the entire amount be fully paid or deposited.

(2.) THE facts in brief are that Appellant No. 2 herein published the notification under the provision of Section 4 of the Land Acquisition Act, on 16.2.1999, for acquiring the lands situated at Village Dhanpura, Taluka and District Mehsana, for the public purpose. The Notification Under Section 6 was published on 20.1.2000. Thereafter, the lands of the original claimants were acquired by the competent authority. Ultimately, the competent authority fixed the Market value of the Block No. 340 and 341 at Rs. 5.50 Ps. However, being aggrieved by the same, the original claimants raised dispute, which, ultimately, culminated into references before the Court below. The reference Court partly allowed the references by impugned judgment and order dated 05.11.2004 and passed the award as stated herein above against which the present appeal is filed by the present Appellant -ONGC.

(3.) HEARD the learned advocates for respective parties.