O.N.G.C. Ltd. vs Patel Girdharbhai Prahladji and Another

M.R. Shah, J.—Present First Appeal u/s 54 of the Land Acquisition Act, (herein after referred to as "the Act") read with Section 96 of the Code of CPC has been preferred by the Appellant - acquiring body i.e. Oil & Natural Gas Corporation Limited challenging the impugned judgment and award passed by the learned 4th Extra Assistant Judge, Mehsana dated 31.01.1997 in Land Acquisition Reference No. 1358/1992, by which the learned Reference Court, in a reference arising out of temporary acquisition u/s 35 of the Act, has partly allowed the said reference directing the Appellant to pay Rs. 35,100/- only as additional amount of compensation for standing crop, tree, dhaliya etc. with running interest at the rate of 9% per annum and also directing the Appellant to pay additional amount of rent at the rate of Rs. 1.50 paise per sq. mtrs. per year with running interest at the rate of 9% per annum on the aforesaid amount of rent from the date rent becomes due till realization. By the impugned judgment and award, the Reference Court has also passed an order that amount of rent shall be paid for the period from the date of taking possession till the date of possession is handed over back to the applicant - original claimant.

Shri Marshall, learned Counsel appearing on behalf of the Appellant - acquiring body has heavily relied upon the decision of the Division Bench of this Court in the case of Oil and Natural Gas Corporation Ltd. Vs. Sankarji Hemaji and Another, by submitting that as held by the Division Bench of this Court, Reference Court has no jurisdiction to determine/award the rent for the period beyond three years from the date of taking over the possession. Therefore, it is requested to allow the present Appeal to that extent. Though Shri Marshall, learned Counsel appearing on behalf of the Appellant - acquiring body has tried to make submissions with respect to the order passed by the Reference Court awarded qua standing crop, tree, dhaliya etc., however, he has not been able to successfully assail the same. He is not in a position to satisfy the Court that how awarding additional amount of Rs. 35,100/- for standing crop, tree etc. is erroneous and/or contrary to the evidence on record.

Shri Shital Patel, learned advocate appearing on behalf of Respondent No. 1 - original claimant is not in a position to dispute that so far as first point is concerned, it is squarely covered by the decision of this Court in the case of Sankarji Hemaji and Anr. (Supra). He is not in a position to show any contrary decision to the same.

Having heard learned advocates appearing for respective parties and considering the decision of the Division Bench of this Court in the case of Sankarji Hemaji and Anr. (Supra), by which it is held that in a temporary acquisition proceedings, the Reference Court has no jurisdiction to award the rent for the period beyond three years from the date of taking over the possession. Under the circumstances, to that extent the impugned judgment and award passed by the learned Reference Court deserves to be modified. So far as the impugned judgment and award passed by the learned Reference Court directing the Appellant to pay Rs. 35,100/- as additional amount of compensation for standing crop, tree etc. is concerned, no error has been committed by the learned Reference Court in awarding the same and the same is in consonance with the evidence on record.

In view of the above and for the reasons stated above, Appeal succeeds in part.

The impugned judgment and award passed by the learned 4th Extra Assistant Judge, Mehsana dated 31.01.1997 in L.A.R. No. 1358/1992 is hereby modified to the extent that the impugned judgment and award passed by the Reference Court awarding the additional rent at the rate of Rs. 1.50 paise per sq. mtrs. per year shall be for the period of three years from the date of taking over the possession only and for the rest, it will be open for the original claimant to initiate an appropriate proceeding as observed by the Division Bench in the case of Sankarji Hemaji and Anr. (Supra). Rest of the judgment and award passed by the learned Reference Court is hereby confirmed. Present Appeal is accordingly partly allowed to the aforesaid extent. No costs.