DEPUTY GENERAL MANAGER Vs. DABHI GOBARJI CHANDAJI

JUDGEMENT

(1.) THESE Appeals are directed against the judgment and order dated 30. 06. 2003 passed by the learned Jt. District Judge, Fast Track Court No. 2 Mehsana in Land Acquisition Reference Case Nos. 978/2001, 979/2001, 549/2001 to 552/2001 whereby, the said References were partly allowed.

(2.) THE facts in brief leading rise to the filing of the present Appeals are as under ;

(3.) HEARD learned counsel for the respective parties and perused the documents on record. Considering the facts and circumstances of the case, it would be relevant to refer to a decision of this Court in the case of Patel Shambhubhai Bhaichanddas v. State of Gujarat and anr. reported in 2007 (1) G. L. R. 713 wherein, it has been held that Sections 35 and 36 of the Land Acquisition Act, 1894 provide for temporary occupation of land for public purpose for a maximum period of three years only and that the retention of the same beyond the said period would amount to unauthorized possession and, therefore, the Collector is empowered to refer the dispute as to compensation only for the agreed term or maximum period of three years only. The observations made in Para 5. 4 of the said decision reads as under;