LAWS(GJH)-2014-1-179

GENERAL MANAGER Vs. NAI SITABEN BABABHAI AND ORS

Decided On January 22, 2014
GENERAL MANAGER Appellant
V/S
Nai Sitaben Bababhai And Ors Respondents

JUDGEMENT

(1.) AS a common question of law and facts arises in these three appeals and as the same set of evidence is adduced before the Reference Court all the three appeals are heard together and are disposed of by this common judgment.

(2.) THESE appeals are preferred by Acquiring Body u/s. 54 of Land Acquisition Act, 1894 read with S. 96 of the Code of Civil Procedure against the common judgment and award dated 10.4.2003 passed by Joint District Judge, Fast Track Court (II), Mehsana, in Land Reference Case Nos. 459 of 1998 to 466 of 1998.

(3.) THE record of the case reveals that the State Government acquired land belonging to the respondents -original claimants temporarily under the provisions of section 35 of the Act for the public purpose of drilling project by ONGC situated at village Mudarda, Taluka District Mehsana. The Land Acquisition Officer respondent no.2 herein, fixed the rental compensation @ 1.10 ps. per sq. mtr. per year. It may be noted that respondent no.2 Special Land Acquisition Officer passed the said order on 25.7.1994.