GENARAL MANAGER Vs. MAHENDRASINH CHHATRASINH

JUDGEMENT

(1.) First Appeals No.3561 to 3565 of 2011 have been filed by the Oil and Natural Gas Corporation Limited, through its General Manager, whereas First Appeals No.754 to 757 of 2012 have been filed by the original claimants whose lands came to be acquired by the ONGC, challenging the common judgment and award dated 31.3.2010 passed by the learned Additional District Judge, Bharuch, in Land Reference Cases No.365/2001 to 369/2001, whereby the reference applications have been partly allowed by holding that the claimants are entitled to get additional amount of compensation at the rate of Rs.42/- per square metre together with solatium at the rate of 30% under section 23(2) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on additional market value awarded to the claimants. It is further held that the claimants are entitled to get interest on the additional amount of compensation so assessed (that is, additional market value under section 23(1) plus solatium under section 23(2) of the said Act) at the rate of 9% for the first year from the date of taking possession, that is, 12.10.1992, and thereafter, at the rate of 15% per annum till the realisation of the amount, as provided under section 28 of the Act.

(2.) Since all these appeals arise out of a common judgment and award and the facts and contentions are also common, they were taken up for hearing together and are decided by this common judgment.

(3.) The facts stated briefly are that the lands of the claimants situated at village Goladara, Taluka Vaghra, District Bharuch came to be acquired for the public purpose of Drill Site of the ONGC. The notification under section 4 of the Act came to be published on 7.4.1997 and the declaration under section 6 of the Act came to be published on 26.10.1997. The Special Land Acquisition Officer made his award under section 11 of the Act on 11.6.1999 determining the market value of the acquired lands at Rs.2.40 per square metre. Being dissatisfied with offer under the award made by the Land Acquisition Officer, the claimants filed reference applications under section 18 of the Act before the Collector Bharuch, which came to be referred to the District Court at Bharuch.