SPL LAQ OFFICER Vs. KALIDAS MOHANLAL SHAH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 15. 01. 2002 passed by the learned Extra Assistant Judge, Mehsana in Land Acquisition Reference Case No. 2314 of 1993 whereby, the said Reference was partly allowed.

(2.) THE facts in brief leading rise to the filing of the present Appeal 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;