( 1 ) ALL these appeals are filed by the appellant, Oil and Natural Gas Corporation limited, Mehsana by resorting to section 54 of the Land Acquisition Act read with section 96 of the Civil Procedure Code. Since common points of law and facts are involved in all these appeals, with the consent of parties, these appeals are disposed of by this common judgment.

( 2 ) BY filing these appeals, the appellant has challenged the judgment and order passed by the Reference Court in Land acquisition References No. 3134 of 2003 to no. 3139 of 2003. The learned Judge of the reference Court treated L. A. R. No. 3138/03 as the main case and common evidence is lead in the aforesaid References.

( 3 ) ON behalf of the ONGC, certain agricultural lands of the claimants were temporarily acquired for its project. Somewhere in 1993, the General Manager of ONGC, Mehsana Project sent a proposal to the Government for acquisition of the lands in question for a temporary period under section 35 of the Land Acquisition Act, 1954 [hereinafter referred to as the Act]. In land Acquisition Cases No. 65/93 and others, special Land Acquisition Officer, Mehsana awarded Rs. 1. 10 per sq. mtr. The claimants. being dis-satisfied with the fixation of the aforesaid rent, requested the Land acquisition Officer to make References under section 35 (3) of the Act for fixation of adequate amount of rent. In the Reference application, in clause 8 it is stated that the award was declared on 16. 5. 1994, certified copy was applied for on 28. 08. 97, and the same was ready for delivery on 04. 09. 97 and after receiving certified copy of the award, reference Application is preferred in time. The Special Land Acquisition Officer thereafter referred the matter under section 35 (3) of the Act. The said Land Acquisition references were accordingly decided by the reference Court being Reference No. 3134/03 to No. 3139/03. The 4th Joint Civil Judge, senior Division, Mehsana by his order dated 22nd April 2004 partly allowed the said references under section 35 (3) of the Act and the present appellant was directed to pay additional amount of rent at Rs. 3-75 per sq. mtr. over and above the amount awarded by the Special Land Acquisition Officer. The learned Judge also granted interest at 9% for the first year and further interest at 15% for the subsequent years. Learned Judge also granted 10% average rise in the rent after expiry of the period of three years period from the date of taking possession till the possession is handed over back to the claimants. The appellant, acquiring body, has challenged the aforesaid judgment by filing the present First Appeals.

( 4 ) LEARNED advocate Ms. K. J. Brahmbhatt for the appellant submitted that the order of the Reference Court is contrary to law. It is submitted by her that the references itself were not competent. It is further submitted that the order for giving 10% average rise every year is also contrary to law.

( 5 ) LEARNED advocate Mr. P. K. Jani appearing for the claimant tried to justify the judgment of the Reference Court.

( 6 ) I have heard both the learned advocates. I have also gone through the record and Proceedings which is called for by this Court. In my view the Reference court has committed a serious error of law in deciding the References.

( 7 ) LEARNED Senior Advocate, Mr. A. J. Patel as well as advocate Mr. R. R. Marshall, who were present in the Court have also assisted the Court on the question of interpretation of section 35 of the Act.

( 8 ) IT is not in dispute that on behalf of ONGC, the lands in question were sought to be acquired for a temporary period. Temporary acquisition of land is covered in part VI of the Act containing three sections, viz. Sec. 35, 36 and 37, which read as under:-"s35. (1 ). Subject to the provisions of part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose,