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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
Oil & Natural Gas Corporation Ltd. – Appellant
Versus
Patel Somabhai Prabhudas (Heirof Patel Parsottambhai Somdas – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. All these appeals involve common questions on law and facts and therefore, they are disposed of by this common judgment.
2. These appeals have been filed against the common judgment and award dated 22.09.2005 passed by the learned Principal Senior Civil Judge, Mehsana, (hereinafter referred to as the "Reference Court") in Land Acquisition Reference Nos.5789 of 2003 to 5796 of 2003 whereby the References were partly allowed and the present appellant - O.N.G.C. was held liable to pay additional amount of compensation to the original claimants along with interest and costs.
3. The short facts giving rise to present appeal are that the competent authority under the LAND ACQUISITION ACT made a proposal for temporary acquisition of the lands at village Balol District Mehsana, belonging to the respondents-original claimants. After following due procedure, the lands came to be acquired. Award came to be passed by the competent authority fixing the amount of compensation.
3.1. However, being dissatisfied with the award, the original claimants raised dispute, by way of references. The Reference Court partly allowed the Reference Cases by way of the impugn
Applications for compensation under the Land Acquisition Act must be filed within three years of the cause of action; excessive delays render such applications inadmissible.
The Reference Court exceeded its jurisdiction by awarding compensation after an excessive delay, which rendered the application time-barred under Article 137 of the Limitation Act.
The Reference Court lacks jurisdiction to grant compensation claims filed beyond the statutory limitation period under Section 35(3) of the Land Acquisition Act, with any contrary findings deemed ult....
Compensation for land acquisition must consider legal principles of escalation and delay, leading to justified adjustments based on precedents in similar cases.
The Referral Court lacks jurisdiction to entertain a reference made outside the statutory limit prescribed by the Land Acquisition Act, reinforcing the mandatory nature of compliance with statutory t....
The main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim fo....
The duty of the Collector to provide notice and award to the affected parties and the necessity of framing the issue of limitation under Section 18 of the Land Acquisition Act.
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