GENERAL MANAGER Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THOUGH served none is present for respondent No.2. Learned AGP Mr. Banaji is present for respondent No.1.

(2.) PRESENT Appeal has been filed by the appellant Oil & Natural Gas Corporation Ltd. (ONGC) original opponent No.2 being aggrieved with the impugned judgment and award rendered in Land Acquisition Reference No.129 of 2001 by the Reference Court (2nd Additional Senior Civil Judge, Kheda at Nadiad) dated 4.12.2007 on the grounds taken in the memo of the Appeal.

(3.) LEARNED senior counsel Mr. Marshall submitted that the observation made by the Honble Apex Court in the case of Hirabhai and Others Vs. Land Acquisition Officer-Cum- Assistant Commissioner reported in (2010) 10 Supreme Court Cases 492 and submitted that the Honble Apex Court has made observation that though the land may be situated just to 2 or 3 Km. away but when no definite evidence regarding nature and/or quality of land, is available, it was not found to be comparable with the land acquired.