The Reference Court lacks jurisdiction to determine compensation for periods exceeding three years post-occupation under Section 35 of the Land Acquisition Act.

JUDGEMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5028 of 2007 With FIRST APPEAL No. 5029 of 2007 With FIRST APPEAL No. 5030 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE J.R.VORA HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the Civil Judge? ­ Yes. To be send to District Judge, Mehsana and Gandhinagar. ========================================================= DY. GENERAL MANAGER ­ Appellant(s) Versus PATEL ANIL BACHUBHAI & 1 ­ Defendant(s) ========================================================= Appearance : MR AJAY R MEHTA for Appellant(s) : 1, MR SUNIT SHAH, GOVT. PLEADER WITH MR.AJ DESAI AND MR.DIPEN DESAI, AGPs for Defendant­2.

========================================================= CORAM : HONOURABLE MR.JUSTICE J.R.VORA and HONOURABLE MR.JUSTICE M.R. SHAH 2/58 JUDGMENT Date :11/04/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE M.R. SHAH)

1. As common question of law and facts arise in this group of First Appeals, they are being disposed of by this common judgment and order.

2. Present Appeals are filed by the appellant – acquiring body – original opponent No.2 – ONGC under Section 54 of the Land Acquisition Act challenging the judgment and award passed by the learned Principal Senior Civil Judge, Gandhinagar dated 12.09.2006 in L.A.R. Nos. 168 of 2002 to 170 of 2002 (main LAR No.168 of 2002) by which the learned Reference Court has partly allowed the aforesaid reference cases directing the appellant to pay additional amount of rental compensation at the rate of Rs.5.00 paise per Sq.Mtr. per year from the date of taking possession with interest at the rate of 9% per annum for the additional amount of rent from the date of rent becomes due till realization and also to go on to pay increased rate of rent as per the decision of the ONGC taken on administrative side from time to time. The 3/58 JUDGMENT appellant is also directed to pay aforesaid amount of rent from the date of taking possession till possession is handed over back to the original claimants – respondents herein.

3. Private respondents – original claimants (herein after referred to as 'claimants') are the owners of the agricultural lands (herein after referred to as 'lands') at Village – Shertha. As the land was required for drilling oil – wells, Dy.General Manager, Ahmedabad Project submitted proposal for temporary occupation of the lands. Since, it appeared to the appropriate Government that land was needed for public purpose, said proposal was accepted by it and pursuant thereof exercised powers under Section 35(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') and directed the Collector to procure occupation of the lands. After complying with necessary formalities, the Collector procured occupation of the lands in the month of December, 1988. That thereafter, claimants / lands owners were called upon to appear before the Dy.Collector and Special Land Officer (ONGC­Ahmedabad) for determining 4/58 JUDGMENT rental / compensation and declared award under Section 35(2) of the Act on 07.12.1988 declaring rental / compensation