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2006 Supreme(Guj) 827

AKSHAY H.MEHTA
PATEL SHAMBHUBHAI BHAICHANDDAS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.PATEL, AJAY MEHTA, Hansa Punani, JAYESH M.PATEL, RAJNI H.MEHTA

( 1 ) THIS group of appeals arises from a common decisions rendered by the Assistant Judge, Mehsana, in Land Reference Cases No. 2131/1993, 2132/1993 and 2133/1993. The date of the judgment and award is 2nd September, 1998. The original applicants have preferred these appeals to challenge the decision of the Court regarding the quantum of compensation determined by it for the land under temporary occupation of the respondents.

( 2 ) THE appellants are the owners of agricultural lands [the "land" for short] situated on the outskirts of village Chalasan, Taluka Kadi, District Mehsana. As the land was required for drilling oil wells, the Project Manager, ONGC, Mehsana Project, submitted a proposal for temporary occupation of the land. Since it appeared to the appropriate Government that land was needed for public purpose, the said proposal was accepted by it and in pursuance thereof, it exercised powers under section 35 (1) of the Land Acquisition Act, 1894 [hereinafter referred to as the Act ] and directed the Collector to procure the occupation of the land. After complying with the necessary formalities, the Collector procured the occupation of the land on 30th July, 1991 by private




















































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