Arvindbhai Bhikhabhai Patel vs State Of Gujarat
2021 Latest Caselaw 5086 Guj

         C/SCA/672/2019                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 672 of 2019

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                     ARVINDBHAI BHIKHABHAI PATEL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MANTHAN N PATEL(8227) for the Petitioner(s) No. 1,2,3
MR.HARDIK MEHTA, AGP (1) for the Respondent(s) No. 1,2,3
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 3
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.C. RAO

                           Date : 06/04/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

In the facts and circumstances of case and with the consent and request of the parties appearing through their respective learned advocates, the petition was taken up for final consideration today.

1.1 Rule returnable forthwith. Learned Assistant Government Pleader Mr.Hardik Mehta waives service of rule on behalf of the respondent Nos.1 and 2 whereas learned advocate Mr.Rituraj Meena waives service of rule on behalf of the respondent No.3­ ONGC.

1.2 Heard learned advocate Mr.Manthan Patel for the petitioners and learned Assistant Government Pleader and learned advocate for the respective respondents.

C/SCA/672/2019 ORDER

2. By filing the present petition the petitioners have prayed to direct respondent authorities to grant the benefits to the petitioners as per judgment and award of the Reference Court in Land Reference No.235 of 2002. The alternative prayer is made to direct the respondent authorities to decide the application of the petitioners filed under Section 28A of the Land Acquisition Act, 1894 for the purpose of redetermination of the amount of compensation on the lines of aforementioned judgment and award.

3. Stated in nutshell, the facts involved in the case inter alia are that part of the lands of the petitioners out of survey Nos.659 and 661, situated at Village Kanipur, Taluka Dehgam, District Gandhinagar, came to be acquired for the construction of oil well for respondent No.3­ ONGC under Land Acquisition Case No.63/96/A. Notification under Section 6 of the Act was published on 25.12.1998 and the award under Section 11 of the Act was published by Land Acquisition Officer on 20.11.2000 who awarded compensation of Rs.14/­ per sq. mtrs.

3.1 It appears that other land owners whose lands were also acquired under the same notification, felt aggrieved with the quantum of compensation awarded by Land Acquisition Officer and filed Reference before the competent Court. Learned Principal Senior Civil Judge, Gandhinagar, dealing with the said Land Acquisition Reference No.235 of 2002 delivered its judgment and award on 26.12.2006 increasing the compensation to Rs.40.50/­ per square meter in respect of the land acquisition together with the solatium, interest and other statutory benefits.

C/SCA/672/2019 ORDER

3.2 As under Section 28A of the Act, the petitioners were entitled to claim the benefit of enhanced compensation awarded by the Reference Court, they made application dated 17.3.2007 before the Special Land Acquisition Officer, ONGC, Sabarmati, Ahmedabad­ respondent No.2 herein. The judgment and award of the Reference Court was delivered on 26.12.2006 whereas the application of the petitioners under Section 28A of the Act was filed on 17.3.2007. In that view it could be demonstrated for the petitioners that their application was within limitation under the Proviso to the Section 28A as it was filed within three months from the date on which the award was pronounced.

4. The grievance of the petitioners is that aforementioned application dated 17.3.2007 has not been so far decided by the respondent No.2 authority.

5. The alternative prayer made by the petitioner is liable to be considered. The competent authority is required to be directed to decide the aforesaid application of the petitioners pending before it within stipulated time so that the petitioners' case is considered for the benefits flowing from the judgment and award of the Reference Court to receive the compensation on the same lines as paid to the other land owners constituting homogeneous class with the petitioners.

6. Resultantly, this petition is partly allowed by directing the respondent No.2­ Special Land Acquisition Officer, ONGC, Sabarmati, Ahmedabad to immediately proceed to decide the application of the petitioners under Section 28A of the Land Acquisition Act, 1894, dated 17.3.2007 pending before it within six weeks from the date of receipt of the present order.

             C/SCA/672/2019                               ORDER




6.1      While deciding the application, the authority concerned

shall take into account the facts of the case of the petitioners and decide the same in accordance with law. Upon petitioners being found eligible to get the amount of compensation redetermined on the lines of the judgment and award of the Reference Court, such benefits shall be paid to the petitioners within further period of six weeks from date of deciding.

7. The petition stands allowed in the aforesaid terms. Rule is made absolute. Direct service is permitted.

(N.V.ANJARIA, J)

(A. C. RAO, J) Manshi