PROJECT MANAGER ONGC LIMITED Vs. DY COLLECTOR MEHSANA

JUDGEMENT

(1.) By preferring these appeals under Section 54 of the Land Acquisition Act the appellant ? acquiring body has challenged the judgment and order declared by the Assistant Judge, Mehsana in Land Reference Cases Nos.2579 of 1993 to 2582 of 1993 and 2126 of 1993. The claimants are the owners of various agricultural lands situated at village Samu, Taluka Vijapur, District Mehsana. On behalf of the Project Manager, ONGC, Mehsana proceedings were initiated for temporary acquisition of lands for the purpose of its drilling site and for approach road to village Samu. By way of private negotiations possession was taken on 24th July 1990 by drawing the appropriate panchnama showing the position of the crops, etc. For this temporary acquisition of lands, the Special Land Acquisition Officer awarded compensation at Rs.0.95 per square meter per year. The Special Land Acquisition Officer also awarded compensation for the standing crops and trees. However, the claimants were not satisfied by the said award of the Land Acquisition Officer and ultimately prayed for reference before the District Court. The Special Land Acquisition Officer accordingly made reference to the District Court. The aforesaid references were numbered as Land Acquisition References Nos.2579 of 1993 to 2581 of 1993 and 2126 of 1993. After considering the oral and documentary evidence, the learned District Judge by his judgment and order dated 11.9.1998 partly allowed the said References. The appellant was directed to pay additional amount of Rs.2 per square meter per year by assessing the rent of the said land at Rs.2.95. The learned Judge has also granted interest on the additional amount from the date on which the amount becomes due till realisation. The learned Judge also awarded 20% additional compensation for the standing crops over and above the compensation awarded by the Special Land Acquisition Officer.

(2.) Being aggrieved with the aforesaid judgment and award of the learned Assistant Judge, Mehsana, the acquiring body has preferred these appeal through its Project Officer. Learned advocate Mr Ajay Mehta vehemently submitted that the compensation fixed is on higher side and that there is no material available for awarding additional amount of Rs.2 per sq. meter per year towards the rent. He, therefore, submitted that the amount is required to be suitably reduced.

(3.) Though served, the claimants have chosen not to appear before this Court. I have gone through the record and proceedings of the case, which is available for my perusal. So far as fixation of the amount towards rent is concerned, the learned District Judge has found that the lands are situated in highly developed taluka ? Vijapur, which is known for its agricultural fertility. It is found that the land in the said taluka fetches higher agricultural yield and agricultural income is also on higher side. The learned District Judge has found that the acquiring body has also not disputed this fact. The learned District Judge has also found in paragraph no.14 of his award that the Special Land Acquisition Officer has himself come to the conclusion that the claimants are taking crops like millets, muster seeds, castor seeds, etc. but the Land Acquisition Officer has not taken into consideration the prices of these produce at the time of taking possession of the fields. On behalf of the claimants, it was submitted before the District Court that even if according to the calculation and factors taken into consideration by the Special Land Acquisition Officer himself earning per square meter comes to more than Rs.3 per square meter per year. It is found that there are irrigation facilities in the fields and valuable crops are taken by the claimants during the year. After considering the evidence on record and considering the reasoning of the District Judge it is clear that lands in question are very fertile land and valuable crops are taken from time to time by the claimants. On behalf of the claimants, witness Baldevbhai Rambhai, who is the claimant in Land Reference Case No.2579 of 1993 has stated in his evidence that the land is very fertile land and yearly income through cultivation is about Rs.40,000/-. The said claimant has also produced on record a coy of the award at Exhibit 12 wherein the rent was fixed at Rs.2.95. The said award was declared in connection with the adjoining land. Of course, the learned Judge of the Reference Court has not given any weightage to the aforesaid award but, after considering the nature of the crops, the learned Judge of the Reference Court has fixed yearly rent at Rs.2.95 per square meter.