Gujarat High Court
Deputy General Manager Shri vs Pravinbhai Ranchhodbhai Patel on 27 October, 2021
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/FA/1494/2021 IA ORDER DATED: 27/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 2 of
2021
In R/FIRST APPEAL NO. 1494 of 2021
==========================================================
DEPUTY GENERAL MANAGER SHRI
Versus
PRAVINBHAI RANCHHODBHAI PATEL
==========================================================
Appearance:
for the PETITIONER(s) No.
MR RR MARSHALL SENIOR COUNSEL WITH MR RITURAJ M MEENA for
the PETITIONER(s) No.
MR ISHAN JOSHI AGP - ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the RESPONDENT(s) No.
MR.ADITYA J PANDYA for the RESPONDENT(s) No.
NOTICE SERVED for the RESPONDENT(s) No.
==========================================================
CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 27/10/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1 Rule returnable forthwith. Mr. Aditya Pandya, the learned counsel
waives service of notice of rule for and on behalf of the opponent No.1 -
O.N.G.C. and Mr. Ishan Joshi, the learned A.G.P. waives service of notice of
rule for and on behalf of the opponent No.2.
2 This is an application at the instance of the original appellant
(O.N.G.C.) seeking modification in the order passed by this Court dated 10 th
June 2021 in the Civil Application No.1 of 2021 in First Appeal No.1494 of
2021.
3 The order passed by this Court dated 10 th June 2021 in the Civil
Application No.1 of 2021 reads thus:
"Heard Mr. Rituraj Meena, the learned counsel appearing for the
C/FA/1494/2021 IA ORDER DATED: 27/10/2021
appellant (original opponent No.2) and Mr. Chintan Dave, the learned
AGP appearing for the opponent No.2.
This is an application at the instance of original opponent No.2
seeking stay of the judgment and award passed by the 9th Additional
Senior Civil Judge, Gandhinagar, dated 09.10.2019 in the Land
Acquisition Reference No. 83 of 2002 to 88 of 2002.
Considering the facts of the case the Trial Court shall invest 50%
of the amount in a cumulative Fixed Deposit Receipts in a Nationalized
Bank initially for a period of 3 years and renewable from time to time
for similar period till final disposal of the appeal and 50% amount shall
be given to the claimant upon proper verification within a period of
eight weeks. The original FDRs to be retained by the Tribunal.
Accordingly, the application is disposed of."
4 Thus, while admitting the appeal filed by the O.N.G.C., questioning the
legality and validity of the award passed by the Land Reference Court and
while staying the impugned judgement and award passed by the Land
Reference Court from its operation, we directed the O.N.G.C. to deposit the
entire amount as awarded by the Land Reference Court with the Registry of
the concerned Land Reference Court. At the same time, we also directed that
50% of the amount as deposited shall be disbursed in favour of the claimant
and the balance 50% shall be invested with any nationalized bank by way of a
Fixed Deposit Receipts.
5 We have heard Mr. Marshall, the learned Senior Counsel assisted by Mr.
Rituraj Meena, the learned advocate appearing for the O.N.G.C. and Mr.
Aditya Pandya, the learned counsel appearing for the claimant.
6 According to Mr. Marshall, the O.N.G.C. has to deposit an amount of
Rs.28 Crore with the Land Reference Court towards the impugned award. This
amount of approximately 28 Crore is to be divided amongst seven claimants.
We take notice of the fact that there are in all seven distinct appeals filed by
the O.N.G.C. Mr. Marshall would submit that approximately, each of the
claimants would receive around Rs.2 Crore if 50% of the amount is to be
C/FA/1494/2021 IA ORDER DATED: 27/10/2021
disbursed. It is argued that it would be too risky to disburse such a huge
amount in favour of the claimants at this point of time. It is argued that
ultimately, if the O.N.G.C. succeeds in the appeal and the quantum of the
amount towards compensation is reduced, then the Corporation may find it
extremely difficult to recover the amount.
7 Mr. Pandya, the learned counsel appearing for the claimant would
submit that this Court may not modify the order.
8 Having heard the learned counsel appearing for the parties and having
regard to what has been pointed out, we deem fit to modify our order dated
10th June 2021 to the extent that instead of 50%, let 35% of the amount be
disbursed in favour of the claimant without any tangible security and the
balance 65% shall be invested with any nationalized bank by way of Fixed
Deposit Receipts.
9 We direct the O.N.G.C. to deposit the entire amount as awarded by the
Land Reference Court with proportionate costs and interest once within a
period of six weeks from today. Once such an amount is deposited, the Land
Reference Court shall thereafter proceed to disburse 35% of the said amount to
the claimant and the 65% shall be invested.
10 With the aforesaid modification, this Miscellaneous Civil Application
stands disposed of. Rule is made absolute.
11 In the peculiar facts and circumstances of the case, this order shall not
be cited as a precedent in any other matter.
(J. B. PARDIWALA, J)
(VAIBHAVI D. NANAVATI,J)
CHANDRESH
