PROJECT MANAGER Vs. DECD BECHARBHAI VANMALIDAS

JUDGEMENT

(1.) BY filing this appeal under Section 54 of the Land Acquisition Act read with Section 96 of the Civil Procedure Code, the acquiring body i. e. ONGC has challenged the judgment and order passed by the Reference Court in Land Acquisition Reference No. 1025 of 1987. The learned Judge of the Reference Court disposed of the above reference by his judgment and order dated 22. 10. 1993 and allowed all the references partly.

(2.) ON behalf of the acquiring body, certain lands were sought to be acquired on temporary basis for the purpose of its project work by issuing Notification under Section 35 of the Act. The Land Acquisition Officer after issuing personal notices to the claimants and after considering the evidence on record has fixed the amount of Rs. 51 per Are as yearly rent. The claimants were not satisfied with the same and, therefore, requested for Reference under Section 18 of the Act. The Land Acquisition Officer referred the matter to the District Court under Section 18 of the Act. According to the claimants, looking to the potentiality of the land the yearly rent should be fixed at Rs. 151 per Are. The quantum of compensation in each of these appeals are different. However the point is common. The aforesaid references were thereafter disposed of by the learned Judge by recording evidence in Reference No. 1025 of 1987. The learned Judge thereafter by the impugned order partly allowed the References by enhancing the rent. In each of the References additional amount was awarded as per the final directions in the judgment of the trial Court. It is not necessary to go into the quantum fixed by the Court as the learned advocate Mr. R. R. Marshal for the appellant-Corporation has restricted his arguments regarding certain directions issued in the operative part of the judgment wherein the Reference Court has observed as under:-

(3.) CONSIDERING the aforesaid facts, all the appeal is allowed. The observations of the learned trial Judge, ". . . over the rent fixed by ONGC from time to time with the interest at the rate of 9% per annum from the date of due date of running till the date of payment is made" are set aside. The appeal is accordingly allowed in terms of paragraph 5 (a) of the appeal memo to the aforesaid extent with no order as to costs.