GENERAL MANAGER Vs. DIVANJI AKUJI ADAJI AND ORS

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals and as the same set of evidence is adduced before the Reference Court, the same were heard together and are hereby decided by this common judgment.

(2.) THESE appeals are 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) by the acquiring body challenging the common judgment and award dated 22.09.2005 passed by Principal Senior Civil Judge, Mahesana in Land Reference Case Nos.55585560/ 2003.

(3.) THE record of the case reveals that the acquiring body acquired land belonging to the respondentoriginal claimants temporarily under the Section 35 of the Act for the public purpose of drilling project by ONGC, situated at village Telavi, Taluka and District Mehsana. The Land Acquisition Officer by award dated 03.04.1980 fixed the rental compensation @ 0.35 ps./sq. mtr. per year. Aggrieved by the same, the original claimants preferred the aforesaid references before the Reference Court and claimed Rs.15/sq. Mtr. Per year wherein by the impugned order dated 22.09.2005 following order is passed: