GROUP GENERAL MANAGER Vs. PATEL VISABHAI CHHAGANDAS

JUDGEMENT

(1.) ALL these First Appeals are arising out of the common judgment and award passed by the learned Reference Court and they are being disposed of by this common judgment and award.

(2.) IN all these First Appeals respective appellants Oil and Natural Gas Corporation (O.N.G.C.) and acquiring body original opponent No.2 has challenged the judgment and award passed by the learned Additional District Judge and Presiding Officer, Fast Track Court No.IV, Mehsana dated 31.01.2007 passed in Land Reference Case Nos. 523/2004 to 529 of 2004 (main L.R.C.No.523 of 2004) by which learned Reference Court has partly allowed the said land reference cases by directing the appellants herein to pay additional amount of compensation at the rate of Rs.79.10 per Sq.Mtr for Jirayat / irrigated land acquired in Village Kadi, Taluka -Kadi, District Mehsana and further directing to pay consequential amount under the provisions of the Land Acquisition Act ('the Act' for short).

(3.) THE appellant herein O.N.G.C. has acquired land in question of village Kadi, Taluka Kadi, District Mahesana for the purpose of Sarkam No.R.S.K. -6 for which Notification under Section 4 of the Act came to be issued on 26th March, 2003 and Notification under Section 6 of the Act came to be issued on 2nd May, 2003. Notice under Section 9 of the Act came to be served on all the individuals and all the claimants put forth claims for the compensation of Rs.500/ - per sq.mts. before the Land Acquisition Officer. The Land Acquisition Officer declared award No.1193/98 dated 29.09.2003 and awarded Rs.28/ - per Sq.Mts. for the acquired lands. Respondents herein original claimants and owners of the land were not satisfied with the amount of compensation awarded by the Land Acquisition Officer and therefore, they accepted the compensation awarded by the Land Acquisition Officer under protest and filed in all seven Reference Cases before the District court and claimed compensation at Rs.500/ - per Sq.Mts. under Section 18 of the Act. All the Land Reference Cases were consolidated, tried and disposed of all together treating Land Acquisition Reference Case No.523 of 2004 as main case. State of Gujarat filed written statements at Exh.8 and original opponent No.2 O.N.G.C. filed written statements vide Exh.9. The claimants also gave written arguments vide Exh.32 and original opponent No.2 O.N.G.C. gave written arguments vide Exh.33. On behalf of the claimants one Patel Natawarlal Ambalal a resident of Village Kadi and claimant of L.A.R.No.529 of 2003 came to be examined at Exh.14 and on behalf of opponent No.1 one Kamleshbhai Haribhai Goradiya, Dy.Collector, came to be examined vide Exh.29. Both sides produced list of documents. Original claimants produced judgment of the District Court in other references with respect to adjacent land of the same village vide Exh.23 and 24. They also produced on record one letter of Sardar Sarovar Nigam Limited vide Exh.25 to prove that aforesaid judgments produced at Exh.23 and 24 have been accepted by the Nigam as well as the State Government. The claimants have also produced copies of Village Form 7/12 vide Exh.16 to 22. Original opponent No.2 O.N.G.C. produced sale deed vide Exh.26 and 27 with respect to other lands of the same village sold in the year 2003 as sale instances. Learned Reference Court after considering the oral and documentary evidence produced on record and after considering submission made on behalf of the respective parties, partly allowed all the references by directing the respective appellants herein to pay to the original claimants / owners of the land in question additional amount of compensation at the rate of Rs.79.10 per Sq.Mts. for Jigrat / irrigated lands. Thus, it was ordered to pay compensation at the rate of Rs.107.10 per Sq.Mts. With solatium at 30% additional market value at 12% and interest at 9% from the date of taking possession till one year and thereafter at the rate of 15% per annum till its realisation on all these amounts. Being aggrieved and dissatisfied with the common judgment and award passed by the learned Reference Court passed in Land Acquisition Cases Nos. 523 of 2004 to 529 of 2004, the appellant herein original opponent No.2 O.N.G.C. acquiring body has preferred present First Appeals.