Land acquisition court can’t order rent, rules high court

Monday, December 27, 2010

GANDHINAGAR - A reference court hearing land acquisition cases is not empowered to decide or pass an order in respect of “future rent”, the Gujarat High Court has ruled.

The high court ruled that a reference court does not have jurisdiction to decide any other question except the compensation under the provisions of the Land Acquisition Act.

Justice K.S. Jhaveri gave this ruling while deciding an appeal filed by the Oil and Natural Gas Corporation (ONGC).

“The reference court is not empowered to pass an order in respect of future rent…the impugned order passed by the reference court, being bad in law, deserves to be quashed and set aside,” the high court said in an order made available Monday.

The ONGC approached the high court challenging an order of a reference court in Mehsana district which partly allowed a petition filed by Kalyanji Thakor, whose land was acquired by the corporation.

The reference court held the ONGC liable to pay an additional amount of rent with interest till the entire compensation amount was released.

A land acquisition officer had made a proposal for temporary acquisition of Thakor’s land. The competent authority passed an award fixing the compensation amount which was not acceptable to Thakor.

Thakor later moved the reference court which partly allowed his plea and held the ONGC liable for an additional amount of rent. The high court struck down the order.

Filed under: Immigration

will not be displayed