GENERAL MANAGER Vs. PATEL BALDEVBHAI ATMARAM

JUDGEMENT

(1.) ADMIT . By consent and at the request of Learned Counsel appearing on each side, the appeal was taken up for final disposal at the admission stage. 12th

(2.) BEING aggrieved by the award dated April, 2012 made by the Reference Court in Land Acquisition Reference No.852 of 2009 under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act') awarding an additional compensation in the sum of Rs.300 per sq. mtr. against Rs.27.50 per sq.mtr., awarded by Acquiring Authority under Section 11 of the Act, in respect of land comprising in Village Dhanaj of District Gandhinagar, the appellant- Oil & Natural Gas Corporation Limited (for short 'ONGC') an Acquiring Body is before this Court in appeal under Section 54 of the Act read with Section 96 of the Code of Civil Procedure (for short 'the Code') questioning the award, inter alia, on the ground of it having been made without any evidence adduced by the claimant regarding yield of three to four crops per year; as to the irrigated lands and as to surroundings of developed area; as to agricultural activities of the claimant on the land in question as also for want of evidence as to fertility or potentiality of the land under acquisition.

(3.) IT was submitted by learned Advocate for the appellant that it was erroneous for the Court below to have relied upon the award in respect of Land Acquisition Reference No.88 of 2001, which was of different village i.e. Shertha, inasmuch as there was no evidence before the Court below to show that the lands of Village Shertha were comparable to the lands of village Dhanaj in terms of fertility or potentiality or in any other manner. In support of his contention he relied upon Pal Singh V. Union Territory of Chandigarh (AIR 1993 SC 225 (para 5)) as also in Special Deputy Collector and another V. Kurra Sambasiva Rao and others ((1997) 6 SCC 41).