PROJECT MANAGER ONGC LTD Vs. COLLECTOR OF MEHSANA

JUDGEMENT

(1.) THE appellant has acquired 5113 sq. mtrs. of land of Block Survey No.443/2 for a temporary occupation. The land is situated at Village Kanoda, Taluka ­ Chansma, District ­ Mehsana. The land was acquired on 24.12.1989. The Land Acquisition Officer was pleased to fix the rental compensation @ 0.80 ps. per sq. mtr. per year. The said order of the Land Acquisition Officer came up before the Reference Court and the Reference Court has awarded Rs.3 per sq. mtr. i.e. additional Rs.2.20 ps. was awarded by the Reference Court along with interest. The appellant challenges the said award of the Reference Court.

(2.) HEARD learned advocate Mr.Valmik Vyas for learned advocate Mr.A.R.Mehta for the appellant, learned AGP Ms.Jyoti Mehta for respondent No.1 and learned advocate Mr.Keyur Vyas for learned advocate Mr.Prakash K.Jani for respondent No.2.

(3.) ON the other hand, learned advocate Mr.Keyur Vyas for the respondent No.2 ­ claimant has submitted that the order under challenge is just, reasonable and does not call for any interference. It was also pointed out that unlike Shankarji Hemaji's case (supra), in the present case the claimant has moved an application within 3 years and therefore, no error is committed by the Reference Court in entertaining the claimant's application.