GENERAL MANAGER O N G C LTD Vs. MANIBHAI RANCHHODBHAI PATEL AND ORS
HIGH COURT OF GUJARAT
General Manager O N G C Ltd
Manibhai Ranchhodbhai Patel And Ors
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(1.) AS common question of law and facts arise and as such the present appeals arise out of the impugned common judgment and award passed by the learned Reference Court, learned Principal Senior Civil Judge, Gandhinagar, all these appeals are decided and disposed of by this common judgment and order.
(2.) FEELING aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court, Principal Senior Civil Judge, Gandhinagar dated 28th February 2007 in Land Acquisition Reference Nos. 64 of 2002 to 66 of 2002 by which the learned Reference Court has partly allowed the said References and directed to pay an additional compensation to the claimants at the rate of Rs.118 per sq. mtr. over and above the amount of compensation already awarded by the Special Land Acquisition Officer for the acquired lands with all statutory benefits which may be available under the provisions of the Land Acquisition Act, the common appellant original opponent No.2 ONGC acquiring body has preferred the present first appeals.
(3.) THAT the acquired lands in question situated at village Giyod, Taluka and District: Gandhinagar came to be acquired under the provisions of the Land Acquisition Act for a public purpose for the purpose of Drilling No. H.A.A.B. for the acquiring body ONGC. That the possessions of the lands was taken in advance on 06.08.1994. That the Notification u/s. 4 of the Land Acquisition Act (hereinafter referred to as the Act) came to be published on 31.12.1999. That a declaration u/s. 6 of the Act was published on 19.12.2000. That the Special Land Acquisition Officer declared the award u/s. 11 of the Act on 27.09.2001 and awarded the compensation for the lands acquired @ Rs.22 per sq. mtr. As the claimants were not satisfied with the amount of compensation awarded by the learned Special Land Acquisition Officer, at their instance, the references were made to the learned District Court, Gandhinagar u/s. 18 of the Act. The claimants claimed the compensation @ Rs.500/ - per sq. mtr. That all the references were ordered to be consolidated and Land Acquisition Reference No.65 of 2002 was treated as main LAR. Both the parties led the evidence in LAR No. 65 of 2002. That the References were opposed by the original opponent Nos. 1 and 2 by filing written statements at Exh. 9 and 10.
That the learned Reference Court framed the issues at Exh.11.;
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