DEPUTY GENERAL MANAGER Vs. RATHOD GOBARJI BHAWANJIBARI

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals, the same were heard together and are hereby decided by this common judgment. By this group of appeals filed under Section 54 of the Land Acquisition Act, 1894 (the Act) read with Section 96 of the Code of Civil Procedure, 1908 (the CPC) the appellant -acquiring body has challenged the common judgment and award dated 12.12.2005 passed under Section 35(3) of the Act by 3rd Additional Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos. 412 -416/1998.

(2.) THE State had acquired the lands belonging to the private respondents -original claimants under Section 35 of the Act. It appears from the record that by order dated 04.03.1996 passed under Section 35(2) of the Act the Special Land Acquisition Officer determined and awarded rental compensation @ Rs. 2.20/ - sq.mtr. Being aggrieved by the same, the claimants preferred references before the Reference Court claiming Rs. 10/ - sq.mtr. per year. The Reference Court by the impugned judgment and award passed under Section 35(3) of the Act partly allowed the land references and ordered to pay additional amount of rental compensation at Rs. 6.30/ - sq.mtr. per year, over and above that the Reference Court awarded interest @ 9% p.a. from the date of taking possession of the lands on additional rental amount till realization and further ordered the appellant to go on paying the increased rate of rent as per the impugned judgment and award.

(3.) LEARNED Counsel for the appellant has submitted that the Reference Court has erred in awarding the rental compensation beyond the period of three years. It was submitted that the award passed by the Reference Court is beyond the scope and ambit of Section 35(3) of the Act as no rental compensation can be awarded for a period of more than three years. Relying upon the judgment rendered by Division Bench of this Court in the case of the Deputy General Manager v. Patel Anil Bachubhai & Anr. : 2008 (2) G.L.H. 767, it was submitted that the Collector as well as the Reference Court have no jurisdiction to determine and decide the rental compensation beyond the period of three years from the date of taking possession. It was therefore contended that the Reference Court has overlooked this vital aspect and has fixed the rental compensation based upon the earlier award vide Exh. 17 and has passed the impugned judgment and award directing to go on paying the rent even beyond the period of three years. It was further submitted that the appellant is ready and willing to pay the rental compensation as fixed by the Reference Court along with interest @ 9% p.a. as held by the Reference Court for the period of three years from the date of taking over possession.