PATEL VITTHALBHAI VENIDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS group of appeals arises from the common judgment and award dated 2nd February, 1998, passed by the learned Assistant Judge, Mehsana in Land Reference Case Nos. 1833 and 1834 of 1991. The appellants are the claimants in Land Acquisition Case No. 145 of 1987.

(2.) THE appellants are the residents of village Deloli, Taluka and District Mehsana. The appellants are the owner of the land bearing Revenue Survey Nos. 8 and 7 admeasuring 880 and 2330 Sq.Mtrs. Situated at village Deloli, Taluka and District Mehsana. The said pieces of land were temporarily acquired under Section 35 of the Land Acquisition Act, 1894 (herein referred to as "the Act") for the drilling purpose by the Oil and Natural Gas Corporation Limited.

(3.) THE acquiring body for such temporary acquisition by the award dated 4th September, 1987, the Land Acquisition Officer awarded annual rent of Rs.0.50 paise per Sq. Mtr. (per year). As the appellants were dissatisfied with the compensation awarded by the Land Acquisition Officer, they raised dispute. The Land Acquisition Officer referred the difference as to the sufficiency of compensation to the Court for its decision under Section 35(3) of the Act. The proceedings were numbered as Land Acquisition Case No. 1833 and 1834 of 1991. Before the learned Assistant Judge, Mehsana, the claim was made for Rs.5/ - per Sq. Mtr. Per year. The claim was based on the averment that the land was fertile land. There was facility of irrigation and the appellants relied upon various crops in three seasons. It was also relied upon the judgment delivered in L.A.R. No.1379 of 1992 though it is of the same village Deloli and for the same purpose on these averment, it was pleaded that the compensation at the rate of Rs.0.50 paise per Sq. Mtr. enhanced was inadequate and the appellants deserved to have it at the rate of Rs.5/ - per Sq.Mtr.