PROJECT MANAGER Vs. PATEL GOVINDBHAI SHANKARBHAI

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment and award dated 15th April 2008 passed by the Principal Senior Civil Judge, Mehsana in Land Acquisition Reference Case No.988 of 2001 (New LAR No.1550 of 2005), whereby, the reference was partly allowed and the appellant-ONGC was held liable to pay Rs.4/- ps. per sq. metre as annual rent to the original claimants along with interest as enumerated in the award till the entire amount is realised.

(2.) THE facts in brief of the case are that the Land Acquisition Officer made a proposal for temporary acquisition of the lands belonging to the respondents, original claimants. After following due procedure, the lands came to be acquired. THEreafter, award came to be passed by the competent authority fixing the amount of compensation.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. The issue involved in this appeal is squarely covered by the ratio laid down by the Division Bench of this Court in the case of Oil and Natural Gas Corporation Ltd. v. Sankarji Hemaji and another, reported in (2008) 17 GHJ 523. It would be beneficial to reproduce the relevant portion of the said decision as under :