GENERAL MANAGER Vs. CHAUHAN DIPUJI FULAJI 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 judgment and award in Land Reference Case No. 3737 of 2003 dated 31.8.2005 passed by Principal Senior Civil Judge, Mehsana.

(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 Telavi, Taluka District Mehsana. The Special Land Acquisition Officer respondent no.2 herein, fixed the rental compensation @ 0.40 ps. per sq. mtr. per year. It may be noted that respondent no.2 Special Land Acquisition Officer passed the said order on 30.4.1984.

(3.) BEING aggrieved by the rental compensation so fixed by the Special Land Acquisition Officer, the original claimant preferred the Reference on 16.7.2001 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. 3737 of 2003. The Reference Court vide impugned judgment and award dated 31.8.2005 passed the following order :