GENERAL MANAGER Vs. PATEL BHIKHABHAI SOMDAS & 1

JUDGEMENT

(1.) The present appeal has been filed by the appellant General Manager, ONGC, Mehsana, challenging the award dated 15.12.2001 passed by the Reference Court in LAR No.151 of 1998 made under Section 35(3) of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") .

(2.) After having heard the learned Advocates for the parties, it appears that the land in question was temporarily acquired by the appellant in respect of which the Special Land Acquisition Officer, ONGC, Mehsana had passed the award on 14.3.1983 in LAQ Case No.86 of 1980, awarding the rental compensation at the rate of Rs.0.37 per sq. mtrs., for the land situated at Village Dhanpura, Taluka & District Mehsana. According to the respondent claimant, the Special Land Acquisition Officer having not awarded adequate compensation, the respondent had requested the Special Land Acquisition Officer to make a Reference to the Court under Section 35(3) of the said Act. Accordingly, the case was referred to the Reference Court, where the case was registered as LAR No.151 of 1998. The Reference Court directed the appellant to pay an additional amount of rent at the rate of Rs.65 per sq. mtrs., over and above the compensation awarded by the Special Land Acquisition Officer with interest at the rate of 9% per annum for the additional amount of rent, as also 20% more compensation under the head of 'standing crops', etc.

(3.) Being aggrieved by the said award, the present appeal has been filed by the appellant.