PATEL GOVINDBHAI AMBARAM Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) This group of Appeals arise from the common judgment and awards dated 8th August, 2001 passed by the learned Joint Civil Judge [SD], Mehsana in Land Reference Nos. 129 of 1988 to 133 of 1998. The appellants are the claimants in Land Acquisition Case Nos. 512 of 1988/M.

(2.) The appellants are the residents of village Adaraj, Taluka-Kadi, District Mehsana. The claimants owned pieces of land at village Adaraj. The said pieces of land were temporarily acquired under Section 35 of the Land Acquisition Act, 1894 [hereinafter referred to as, ?the Act?] for exploration by the Oil & Natural Gas Corporation Limited [hereinafter referred to as, ?the Corporation?], the acquiring body. For such temporary acquisition, by Award dated 25th August, 1989, the Land Acquisition Officer awarded annual rent of Rs. 110/= per Are. As the appellants were dissatisfied with the compensation awarded by the Land Acquisition Officer, the above referred References were made under Section 35 (3) of the Act.

(3.) The said References have been decided by the impugned judgment and awards. The learned Civil Judge has determined the market value of the acquired lands considering its fertility, location and potential for future development. On the basis of such market value arrived at by the learned Civil Judge, the compensation awarded to the claimants has been enhanced to the annual rent of Rs. 350/= per Are. The learned Civil Judge has also awarded interest on the amount of enhanced compensation @ 9% per annum from the date of the Reference till the date of realization. Feeling aggrieved, the claimants have preferred the present Appeals.