GENERAL MANAGER Vs. SP LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals at the instance of Oil and Natural Gas Corporation, the Acquiring Body, under section 54 of the Land Acquisition Act read with section 96 of Civil Procedure Code are against the judgment and award dated 13/6/2001 passed by learned Extra Assistant Judge, Mehsana in Land Acquisition Reference No. 1595 to 1599 of 1997.

(2.) THE State had acquired certain land on temporary basis of the original claimants under section 35 of the Land Acquisition Act, 1894. After following procedure the Land Acquisition Officer vide his order dated 30/8/1993 awarded crop compensation and also awarded rental compensation at the rate of Rs. 110/- per Are per year i. e. Rs. 1. 10 per sq. mtr. per year. Feeling aggrieved by the said decision the claimants filed references before the learned Extra Assistant Judge, Mehsana claiming additional rental compensation at the rate of Rs. 700/- per Are and further crop compensation. After hearing the arguments, the learned Extra Assistant Judge, Mehsana has awarded additional compensation at the rate of Rs. 190/- per Are per year and further awarded 20% additional crop compensation. It is against the said awards the present appeals have been filed.

(3.) LEARNED Advocate for the appellant submitted that the issue involved in these appeals is squarely covered by the ratio laid down in the case of Oil and Natural Gas Corporation Ltd. Vs. Sankarji Hemaji and Anr. reported in [2008] 17 GHJ (523 ). The operative part of the said Judgement reads as under: