GENERAL MANAGER Vs. CHAUDHARI SENDHABHAI BHAGVANBHAI AND ORS

JUDGEMENT

(1.) THIS appeal is 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 passed by Joint District Judge, Fast Track Court (II), Mehsana, in Land Reference Case Nos. 949 of 1997 dated 10.4.2003.

(2.) THE record of the case reveals that the State Government acquired land belonging to the respondentoriginal claimant temporarily under the provisions of Section 35 of the Act for the public purpose of drilling project by ONGC situated at village Mevad, Taluka District Mehsana. The Special Land Acquisition Officer respondent no.2 herein, fixed the rental compensation @ 1.50 ps. per sq. mtr. per year. It may be noted that respondent no.2 Special Land Acquisition Officer passed the said order on 27.11.1995.

(3.) BEING aggrieved by the rental compensation so fixed by the Special Land Acquisition Officerrespondent no.2, the original claimant preferred the Reference which came to be referred to the Reference Court u/s. 35(3) of the Act and the same came to be registered as Land Reference Case No. 949 of 1997. The Reference Court vide impugned judgment and award dated 10.4.2003 passed the following order :