General Manager Ongc Awani Bhavan vs Gor Hemendrakumar Sukhaji
2021 Latest Caselaw 4749 Guj

               C/FA/736/2021                            IA ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

        CIVILAPPLICATION(FORMODIFICATIONOF ORDER) NO. 1 of 2021
                     In R/FIRSTAPPEALNO. 736 of 2021
                                 With
        CIVILAPPLICATION(FORMODIFICATIONOF ORDER) NO. 1 of 2021
                     In R/FIRSTAPPEALNO. 737 of 2021
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GENERALMANAGERONGCAWANIBHAVAN Versus GORHEMENDRAKUMARSUKHAJI ========================================================== Appearance:

MR. YOGENDRATHAKOREfor the PETITIONER(s)No. J K GANDHIfor the RESPONDENT(s)No.

MRAKASHR PATELfor the RESPONDENT(s)No.

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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date: 25/03/2021 IA ORDER

1 Heard Mr.Yogendra Thakore, learned advocate for the applicant

and Mr. Akash Patel, learned advocate for the respondents.

2 By the order dated 23.02.2021, while admitting the Appeals of the

applicants herein, the Court had directed the respondent - claimants to

withdraw an amount of 50% of the awarded amount.

3 Mr.Yogendra Thakore, learned counsel appearing for the applicant

- original appellant has submitted that the land in question were

acquired on a temporary basis and in the event the claimants are

permitted to withdraw 50% amount awarded, it will be very difficult to

recover amount back from the applicants, in case the appellant succeeds

C/FA/736/2021 IA ORDER

in appeal. He would submit that for the nearby villages like Limbodara

and Saij, compensation to the tune of Rs.3.60 per sq.m per annum for

the period from 01.03.1995 to 28.02.1998 was considered by the

Supreme Court vide order dated 10.02.2015 in Civil Appeals Nos. 6413

to 6417 of 2018. He would therefore submit that the judgment of the

Apex Court would squarely cover the issue, and therefore, withdrawal of

compensation @ 17.95 by the claimants may cause serious prejudice to

the ONGC.

4 Having considered the submission of Mr.Thakore, learned

advocate for the applicant and Mr.Akash Patel, learned advocate for the

claimants who vehemently opposed the application, the order is

modified and the original claimants shall be permitted to withdraw only

30% of the amount of the total as per the award in question.

It is clarified that such withdrawal shall be subject to the outcome

of the appeals. The order is modified accordingly. The respondents -

claimants shall also file an undertaking before the appropriate Reference

Court with this arrangement of withdrawal is subject to the outcome of

the appeals. In case, the institution succeeds in the appeal, they would

refund the differential amount. Both the civil applications are partly

allowed, accordingly.

(BIRENVAISHNAV,J) BIMAL