Gujarat High Court
Oil & Natural Gas Corpn. Ltd vs State Of Gujarat on 28 January, 2021
Bench: Mr. Justice Nath, Ashutosh J. Shastri
C/SCA/16071/2006 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 16071 of 2006
With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 17304 of 2006
With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 17305 of 2006
=========================================================
OIL & NATURAL GAS CORPN. LTD
Versus
STATE OF GUJARAT
=========================================================
Appearance:
for the PETITIONER(s) No.
MS AISHWARYA TRIVEDI, ADVOCATE for M/S TRIVEDI & GUPTA for
the PETITIONER(s) No.
MR DM DEVNANI ASSISTANT GOVERNMENT PLEADER for the
RESPONDENT(s) No.
=========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 28/01/2021
IA COMMON ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
By means of these three applications, the writ petitioner
ONGC has prayed for release of the entire amount deposited by
it along with applicable interest pursuant to oral order dated
03.08.2006, the amount deposited on 04.08.2006 and further
release of the said amounts pursuant to final orders passed in
C/SCA/16071/2006 IA ORDER
the writ petitions. Vide order dated 03.08.2006, in Special Civil
Application No. 16071 of 2006, the writ petitioner had deposited
an amount of Rs.45,32,031/ with the Registrar, High Court of
Gujarat on 04.08.2006. Later on, it appears that two other
petitions were also filed bearing number, Special Civil
Application Nos. 17304 and 17305 of 2006. All these three
petitions were clubbed together and finally decided vide
judgment and order dated 06.10.2016. In para 4 of the said
order, the Court recorded that whatever amount the petitioner
has deposited in Special Civil Application No. 16071 of 2006,
75% thereof be returned to ONGC with accrued interest, if any
and the remaining 25% to be released along with the accrued
interest in favour of the concerned panchayats. We are not
concerned with rest of the directions insofar as this petition
being Special Civil Application No. 16071 of 2006 is concerned.
It appears that although all the three writ petitions were
disposed of by judgment and order dated 06.10.2016, but
subsequently, upon Misc. Civil Application 1 of 2017 being filed
in the other two connected matters, bearing number Special Civil
Application No. 17304 of 2006 and 17305 of 2006, this Court
revived both the petitions after, recalling the order dated
06.10.2016 with respect to the said two petitions. This order was
C/SCA/16071/2006 IA ORDER
passed on 12.10.2018, reviving the aforesaid two petitions i.e.
Special Civil Application No. 17304 of 2006 of 17305 of 2006.
Subsequently, vide judgment and order dated 21.01.2020, the
Court held that ONGC was not liable to pay any land revenue,
accordingly declared that the respondents were not entitled to
raise demand for land revenue, local fund, and panchayat cess,
except the education cess, in connection with the mining lease
granted in favour of the ONGC. Accordingly, vide para 20 of the
said judgment, this Court directed that the amount deposited by
the ONGC and later may be withdrawn by the State Government
would now be refunded to the ONGC at the rate of 6% interest
within a period of three months.
It would be appropriate to clarify here that although the
State was at liberty to withdraw the amount deposited by the
writ petitioners, but the fact remains that the State -
Government never withdrew the amount and the amount has
remained with the registry of this Court. Thus, the compliance to
be affected as per para 20 of the judgment dated 21.01.2020 is
to return the amount lying in the deposit with the Registrar to
the writ petitioners as per the directions contained with respect
to Special Civil Application No. 16071 of 2006 (vide judgment
dated 06.10.2016) and Special Civil Application Nos. 17304 of
C/SCA/16071/2006 IA ORDER
2006 and 17305 of 2006 (vide judgment dated 21.01.2020).
Vide our earlier order dated 23.10.2020 we had require the
Registrar to submit a report regarding deposits, as also the
amount of interest if any accrued. The report of the Registrar is
before us dated 10.11.2020, according to which, the principal
value deposited was Rs.45,32,031/ and the maturity value of
the said amount which is lying in Fixed Deposit with the State
Bank of India, as on 30.10.2020, was Rs.92,66,159/.
On the previous date, we had required Ms. Aishwarya
Reddy, learned counsel appearing for the petitioners - applicants
to provide the details of the deposits amount as per the
respective three petitions.
As per the chart provided, the following are the deposits for
the three separate petitions:
Calculation for Court cases
Case/ Amount % of Total Total Amount 75% (For 25% (For
SCA No. Deposited amount amount against 16071/06 16071/06
(Total of at each case only only)
B/ present E(Total as
Individual per D*C%)
amount of
B*100)
A B C D E
16071/06 2394358 52.8318981 4895487.681 3671615.761 1223871.92
17304/06 2019995 44.57151771 4130067.7
17305/06 117678 2.59658418 240603.6187
Total 4532031 100 9266159 9266159
C/SCA/16071/2006 IA ORDER
The above chart not only gives the amount deposited as
principal amount, but also the interest accrued and also the
calculation with respect to 25% going to the Panchayat and 75%
going to the ONGC, with respect to Special Civil Application No.
16071 of 2006. We, accordingly, direct that the amount
mentioned insofar as writ petition Nos. 17304 of 2006 and
17305 of 2006 are concerned, an amount of Rs. 41,30,067.7 and
Rs.2,40,603.6187 be returned to ONGC and insofar as Special
Civil Application No. 16071 of 2006 is concerned the amount of
Rs.36,71,615.761/ be returned to ONGC. Further an amount of
Rs.12,23,871/ which is to go to the Panchayats. we have been
informed that that there are six Panchayats and all the six
panchayats would be entitled to equal amount. These
panchayats are impleaded as respondent nos. 5 to 10, through
TalaticumMantri being, Mewad Gram Panchayat; Punvasan
Gram Panchayat; Kasalpura Gram Panchayat; Vasai Gram
Panchayat; Bhakadia Gram Panchayat; and Jagudan Gram
Panchayat, all situated in District Mehsana. So the amount
meant for the panchayats would be equally divided and given to
the six panchayats mentioned above. The Registrar General is
directed to do the needful within a fortnight. The amount may be
C/SCA/16071/2006 IA ORDER
transferred by way of RTGS/NEFT, mode after obtaining the
details of the Bank accounts of the petitioner and the village
panchayats. There is one more aspect, the above distribution or
release of the funds takes into the account the interest accrued
upto 30.10.2020 as per the Bank statement. However, as and
when the Bank discharges the FDRs, the amount pays to the
Registrar, it would be taking into account the interest from
31.10.2020, till the date the amount is released in favour of the
Registrar General of this Court. The amount of interest for this
period, may be transferred to the Gujarat High Court Advocates'
Association for the welfare of the lawyers, who have suffered
during the period of pandemic and may be utilized by the
committee constituted by the Advocates' Association for the said
purpose.
With the aforesaid directions, all the Misc. Civil
Applications stand disposed of and all the pending Civil
Applications stand disposed of.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
/phalguni/
