DY GENERAL MANAGER Vs. LALITKUMAR JAYANTIBHAI PATEL

JUDGEMENT

(1.) THESE appeals, at the instance of Oil and Natural Gas Corporation, the Acquiring Body, under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for brevity) read with Section 96 of Civil Procedure Code, 1908, are against the common judgment and award dated 30/11/2007 passed by the learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos. 434 of 1998 and 3 of 2006.

(2.) BRIEF facts of the cases on hand are that, the appellant had acquired certain land on temporary basis of the original claimants under Section 35 of the Act. After following procedure, the Land Acquisition Officer vide award dated 21/01/1994 awarded annual rent compensation at the rate of Rs.1.80 per sq. mtr. per annum. Feeling aggrieved by the said decision, the claimants filed References before the Reference Court claiming Rs.20/ per sq. mtr. per annum. The Reference Court partly allowed the said References and ordered to pay additional amount of rental compensation @ Rs.18.20 per sq. mtr. (Rs.20/ (minus) Rs.1.80) per year over and above awarded by the Special Land Acquisition Officer from the date of taking the possession with interest @ 9% per annum on the additional amount of rent till realization and also to go on paying the increased rate of rent as per that award and hence, present appeals.

(3.) MR . Mehta, learned counsel for the appellant, submitted that the issue involved in these appeals is squarely covered by the decision in the case of Oil and Natural Gas Corporation Ltd. Vs. Sankarji Hemaji and Anr., 2008 17 GHJ 523. The operative part of the said Judgment reads as under: