GENERAL MANAGER Vs. PATEL ANIL BACHUBHAI

JUDGEMENT

(1.) AS common question of law and facts arise in this group of First Appeals, they are being disposed of by this common judgment and order.

(2.) PRESENT Appeals are filed by the appellant - acquiring body - original opponent No. 2 - ONGC under Section 54 of the Land Acquisition Act challenging the judgment and award passed by the learned Principal Senior Civil Judge, Gandhinagar dated 12. 09. 2006 in L. A. R. Nos. 168 of 2002 to 170 of 2002 (main LAR No. 168 of 2002) by which the learned Reference Court has partly allowed the aforesaid reference cases directing the appellant to pay additional amount of rental compensation at the rate of Rs. 5. 00 paise per Sq. Mtr. per year from the date of taking possession with interest at the rate of 9% per annum for the additional amount of rent from the date of rent becomes due till realization and also to go on to pay increased rate of rent as per the decision of the ONGC taken on administrative side from time to time. The appellant is also directed to pay aforesaid amount of rent from the date of taking possession till possession is handed over back to the original claimants - respondents herein.

(3.) PRIVATE respondents - original claimants (herein after referred to as 'claimants') are the owners of the agricultural lands (herein after referred to as 'lands') at Village - Shertha. As the land was required for drilling oil - wells, Dy. General Manager, Ahmedabad Project submitted proposal for temporary occupation of the lands. Since, it appeared to the appropriate Government that land was needed for public purpose, said proposal was accepted by it and pursuant thereof exercised powers under Section 35 (1) of the Land Acquisition Act (hereinafter referred to as 'the Act') and directed the Collector to procure occupation of the lands. After complying with necessary formalities, the Collector procured occupation of the lands in the month of December, 1988. That thereafter, claimants / lands owners were called upon to appear before the Dy. Collector and Special Land Officer (ONGC-Ahmedabad) for determining rental / compensation and declared award under Section 35 (2) of the Act on 07. 12. 1988 declaring rental / compensation at the rate of Rs. 1. 00 paise per. Sq. Mtr. per annum. Since claimants were dissatisfied with the rate of compensation / rental fixed by the Dy. Collector and Special Land Acquisition Officer, they raised dispute by submitting application before the Special Land Acquisition Officer on 15. 12. 2000 purporting to be under subsection (3) of Section 35 of the Act before the Dy. Collector and Special Land Acquisition Officer and requested to refer the dispute to the Reference Court. In the said Reference Application, the claimants claimed compensation / rental at the rate of Rs. 20/- per Sq. Mtr. Per year. The Collector referred difference as to the sufficiency of the compensation to the Court for its decision under Section 35 (3) of the Act. Proceedings were numbered as Land Acquisition Reference Cases Nos. 168/2002 to 170/2002. Before the Reference Court the claim was made for Rs. 19. 00 paise per Sq. Mtr. Per year (in all Rs. 20/- per Sq. Mtr. per year ). It was the case on behalf of the claimants that compensation / rental awarded to them were totally inadequate and the Land Officer has not properly determined the market rate so far as the acquired lands are concerned. It was also stated by the claimants that acquired lands were of great potential and fetch more value. It was submitted that Land Acquisition Officer committed an error in determining actual rent of the acquired lands. It was also averred that the villages where the lands are situated has various facilities such as electricity, water supply, school, hospital etc. According to them annual income from the agricultural produce after deducting 1/5th expenses is Rs. 50,000/- to Rs. 60,000/- per vigha per year. Therefore, it was requested to award rental / compensation at Rs. 10/- per Sq. Mtr. Per year. Claimants also claimed solatium, 10% price rise and the interest at the rate of 12% p. a.