PROJECT MANAGER O N G C LTD Vs. STATE OF GUJARAT
LAWS(GJH)-2006-7-33
HIGH COURT OF GUJARAT
Decided on July 19,2006

PROJECT MANAGER, O.N.G.C.LTD. Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) By filing this group of appeals the acquiring body i.e. ONGC has challenged the judgment and order passed by the Reference Court in Land Acquisition Reference No.17 of 1996, 1791 of 1995 and 22 of 1996. The learned Judge of the Reference Court disposed of the above refererences by its common judgment and order dated 14.11.2000 and allowed all the references partly. The learned Judge directed the appellants to pay additional compensation to the claimants at Rs.14.50 per sq. meter. Being dissatisfied with the aforesaid order of the Reference Court the appellants have preferred these three appeals under Section 54 of the Land Acquisition Act read with Section 96 of the Civil Procedure Code.
(2.) On behalf of the acquiring body, certain lands were sought to be acquired for the purpose of drilling Stage No.GNAJ NO.12. Notification under Section 4 of the Act was issued on 21.10.1993 followed by Section 6 Notification dated 26.3.1994. The Land Acquisition Officer after issuing personal notices to the claimants and after considering the evidence on record awarded Rs.2.50 per square meter by fixing the price of the land accordingly. The award was declared on 24.1.1995. The claimants were not satisfied with the same and therefore requested for Reference under Section 18 of the Act. The Land Acquisition Officer referred the matter to the District Court under Section 18 of the Act. According to the claimants, the appropriate value of the land in question is Rs.20 per square meter and not Rs.2.50 as valued by the Land Acquisition Officer. The aforesaid references were thereafter disposed of by the learned Judge by recording evidence in Reference No.17 of 1996. The learned Judge thereafter by the impugned order awarded additional amount of compensation. The appellant " acquiring body, being dissatisfied with the same, has challenged the same by way of filing these appeals.
(3.) Since factual and legal aspects in all these appeals being common, all these appeals are being disposed of by this common judgment. The acquired land in each of the reference is an agricultural land. As stated earlier, the same was sought to be acquired by the acquiring body for its drilling operations. The land is situated at village Maguna. So far as Land Reference No.1791 of 1995 is concerned, the same is part of Survey No.172 and the area sought to be acquired is 400 square meters. So far as Reference No.17 of 1996 is concerned, it is part of Survey Nos.160 and 168 admeasuring 3457 and 464 square meters respectively. So far as Reference No.22 of 1996 is concerned, the same is part of Survey No.161 and the area sought to be acquired is 4213 square meters.;


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