GENERAL MANAGER Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present first appeal emanates from the judgement and award dtd. 22/3/2007 passed by learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Case Nos.100 and 101 of 2005, wherein and whereby the reference Court has awarded an additional compensation of Rs.411.00 per sq.mtr. over and above, the additional amount of compensation awarded by the Special Land Acquisition Officer at Rs.24.00 per sq.mtr.

(2.) The appellant-ONGC acquired the lands of village Mansa for the purpose of Drill Site, for which Sec. 4 notification under the Land Acquisition Act , 1894 (for short "the Act") was issued on 21/12/1999 and Sec. 6 notification was published on 13/12/2000. The Special Land Acquisition Officer thereafter, awarded an amount of Rs.24.00 as per sq.mtr. vide award dtd. 29/4/2002. Being aggrieved, the claimants filed the reference proceedings claiming compensation at Rs.1,000.00 per sq.mtr. along with statutory interest. After appreciating the oral as well as documentary evidence, the reference Court has enhanced the compensation, as mentioned hereinabove. Being aggrieved, the appellant acquiring body - ONGC has preferred the present appeal.

(3.) Learned advocate Mr.Meena appearing for the appellant - ONGC has submitted that the reference Court has fallen in error in placing reliance on the judgement and award delivered by the reference Court in LAR Nos.314 and 315 of 2000 for village Pindarda at Exh.15 instead of placing reliance on LAR No.171 of 2005 of the very same village Mansa below Exh.14. While referring to the contents of the impugned judgement and award, learned advocate Me.Meena has submitted that the evidence below Exh.14 of village Mansa has been ignored and judgement and award of village Pandarda below Exh.15 has been considered and adopted by the reference Court in determining the compensation only for the reason that the market value of Mansa can be said to be very higher than all the lands of village Pindarda.