The finality of compensation awards under different Section 4 notifications and the rejection of appeals based on subsequent developments and delay in filing the appeal.

ORDER :

1. The present first appeal emanates from the judgment and award dated 22.03.2007 passed by learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Case Nos.100 and 101 of 2005, wherein and whereby the reference Court has awarded an additional compensation of Rs.411/- per sq.mtr. over and above, the additional amount of compensation awarded by the Special Land Acquisition Officer at Rs.24/- per sq.mtr.

2. The appellant-ONGC acquired the lands of village Mansa for the purpose of Drill Site, for which Section 4 notification under the Land Acquisition Act, 1894 (for short ”the Act”) was issued on 21.12.1999 and Section 6 notification was published on 13.12.2000. The Special Land Acquisition Officer thereafter, awarded an amount of Rs.24/- as per sq.mtr. vide award dated 29.04.2002. Being aggrieved, the claimants filed the reference proceedings claiming compensation at Rs.1,000/- per sq.mtr. along with statutory interest. After appreciating the oral as well as documentary evidence, the reference Court has enhanced the compensation, as mentioned hereinabove. Being aggrieved, the appellant acquiring body - ONGC has preferred the present appeal.

3. Learned advocate Mr.Meena appearing for the appellant - ONGC has submitted that the reference Court has fallen in error in placing reliance on the judgment and award delivered by the reference Court in LAR Nos.314 and 315 of 2000 for village Pindarda at Exh.15 instead of placing reliance on LAR No. 171 of 2005 of the very same village Mansa below Exh.14. While referring to the contents of the impugned judgment and award, learned advocate Me.Meena has submitted that the evidence below Exh.14 of village Mansa has been ignored and judgment and award of village Pandarda below Exh.15 has been considered and adopted by the reference Court in determining the compensation only for the reason that the market value of Mansa can be said to be very higher than all the lands of village Pindarda.

4. While referring to the map of village Mansa, it is submitted by the learned advocate that in fact, the lands, which were subject matter of LAR No. 171 of 2005 of the very same village, are in close vicinity to the lands acquired for the Drill Site at Mansa village and hence, the same could not have been ignored. It is submitted by him that in LAR No. 171 of 2005, the learned Principal Senior Civil Judge, Gandhinagar has awarded Rs.294/- per sq.mtr. for the lands acquired for the Drill Site in village Mansa. It is submitted that Section 4 notification dated 13.10.1999 was considered by the reference Court, while passing the judgment and award at Exh.14 for the lands acquired by the acquiring body- ONGC, whereas in the present case, section 4 notification was published on 21.12.1999 and hence, the reference Court could not have awarded the additional compensation of Rs.411/- per sq.mtr. Thus, it is submitted that reliance placed by the reference Court on the judgment and award at Exh.15 relating to the lands acquired at village Pindarda is erroneous since village Pindarda is situated at the distance of 4-5 kms. He has further placed reliance on deposition of the Special Land Acquisition Officer, who is examined below Exh.19 and has admitted in his cross-examination that village Pindarda is 8 kms. away from village Mansa and hence, the compensation was not required to be enhanced. While placing reliance on the order dated 01.11.2017 passed in Civil Appeal Nos.9061- 9110 of 2011 passed by the Apex Court, it is submitted that the Apex Court has determined the amount of Rs.491/- per sq.mtr. for the very same village Mansa by considering Section 4 notification, which has been issued on 26.08.2004 and accordingly, valuation of the land is required to be reduced and as per his calculation, the same would come to Rs.246/- per sq.mtr. Thus, it is submitted that the impugned judgment and award is required to be quashed and set aside, and the entire amount of compensation which is withdrawn by