Gujarat High Court
Group General Manager vs Special Land Acquisition Officer on 12 October, 2022
Bench: A.S. Supehia
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1474 of 2013
With
R/FIRST APPEAL NO. 1475 of 2013
With
R/FIRST APPEAL NO. 2927 of 2012
With
R/FIRST APPEAL NO. 2928 of 2012
With
R/CROSS OBJECTION NO. 93 of 2013
In
FIRST APPEAL NO. 2928 of 2012
With
R/CROSS OBJECTION NO. 94 of 2013
In
FIRST APPEAL NO. 2927 of 2012
FOR APPROVAL AND SIGNATURE: sd/-
HONOURABLE MR. JUSTICE A.S. SUPEHIA
==========================================================
1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
==========================================================
GROUP GENERAL MANAGER
Versus
SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
==========================================================
Appearance:
MOSON LE EXPARTS(11071) for the Appellant(s) No. 1
MS ASMITA PATEL, AGP for the Defendant(s) No. 1
KRUSHITA D DAVE(7857) for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 12/10/2022
Page 1 of 10
Downloaded on : Fri Oct 14 23:20:26 IST 2022
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
COMMON ORAL JUDGMENT
ORDER ON FIRST APPEALS NO.1474 AND 1475 OF 2013
1. The present appeals emanate from the judgment and
award dated 27.04.2012 passed in Land Acquisition Reference
Case Nos.525/2009 and 526/2009 (Old L.A.R. Case
Nos.1366/2001 and 1367/2001), wherein and whereby, the
Reference Court has ordered an additional compensation of
Rs.264=60 for land acquired by the appellant - ONGC at
village Pansar, Taluka : Kalol, Districdt : Gandhinagar, for
which, Notification under Section 4 of the Land Acquisition Act,
1894 (for shot, "the Act") was published in the Government
Gazette on 28.08.2000 and the Notification under Section 6 of
the Act, was published on 15.03.2001.
2. At the outset, learned advocate Mr.Khare, appearing for
the appellant - ONGC has submitted that the award of
compensation for acquiring the aforesaid land of Village
Pansar, was the subject matter of consideration before the
Apex Court and by the order dated 19.01.2022 passed in Civil
Appeal Nos.385-386 of 2022 and allied appeals, the Apex Court
has ultimately ordered to restore the compensation awarded
by the Reference Court in the respective awards. However, it is
submitted that in the present case, the claimants would not be
entitled to the amount, as awarded by the Reference Court i.e.
Rs.264/- and instead they would be entitled to Rs.241/-. It is
submitted that though the Notification, which was subject
matter of the present appeals, is of the same date and for the
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
same village, which was considered by the Supreme Court, still
they are not entitled to the amount awarded by the Reference
Court. He has referred to the judgment of the Reference Court
of Land Reference Cases Nos.722 of 2012 to 723 of 2012,
which pertains to the acquisition of the land of very same
village. He has referred to the observations made by the
Reference Court in paragraph No.19 and has submitted that for
village Pansar, in fact the Reference Court has determined an
additional compensation of Rs.231/-, over and above Rs.10/-
i.e. Rs.241/- and hence, the observations of the Apex Court in
the said order will not be applicable to the claimants of the
present appeals. Thus, he has submitted that though the
Supreme Court has restored the compensation awarded by the
Reference Court with respect to the very same village, for
which, the Notification under Section 4 of the Act, was also
issued on the same date, the compensation is required to be
reduced to Rs.241/- instead of Rs.264/-.
3. Per contra, learned advocate Mr.Dave, appearing for the
claimant(s) has submitted that the amount awarded by the
Reference Court of Rs.264/- (i.e. additional amount of Rs.254/-,
over and above of Rs.10/-) is not required to be disturbed and
reduced as per the submissions advanced by the learned
advocate Mr.Khare. He has submitted that in fact, the
Reference Court has awarded the aforesaid amount after
considering the documentary as well as oral evidence, with
regard to the land acquired of village Pansar, which has been
confirmed by the Apex Court in Civil Appeal Nos.387-392 of
2022 (arising out of Special Leave Petition (Civil) Nos.7092-
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
7097 of 2017), which has been disposed of by the order dated
19.01.2022, ordering the restoration of the compensation
awarded by the Reference Court and hence, the order passed
by the Supreme Court is required to be maintained.
4. I have heard the learned advocates for respective parties.
5. It is not in dispute that for the land acquired of village
Pansar, for which the Section 4 Notification has been published
in the official gazette on 28.08.2000, such acquisition of land
was subject matter of reference being Land Acquisition
Reference Nos.722 of 2012 to 723 of 2012. In the present
appeals, the Land Acquisition Reference Case Nos.525 of 2009
to 526 of 2009 of very same village Pansar of which, the
Notification under Section 4 of the Act, was published on
28.08.2000 is challenged. The Reference Court, after analyzing
the documentary as well as oral evidence and on the judgment
of LAR Nos.522 of 2009, in case of village Dhamasana has
ultimately fixed the additional compensation of Rs.241=60 ps.,
over and above, the amount of Rs.23 per sq.mtr., awarded by
the Special Land Acquisition Officer. Hence, the total amount is
determined as Rs.264=60 ps.
6. The land acquired of the very same village Pansar was
subject matter of consideration by the Division Bench in the
judgment dated 21.07.2016 passed in First Appeal No.583 of
2014 and allied matter. The Division Bench by the said
judgment and order dated 21.07.2016 in the first appeals filed
by the appellant - ONGC has partly allowed the appeals. The
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
same was subject matter of challenge before the Supreme
Court in Civil Appeal Nos.387 - 392 of 2022 and by the order
dated 19.01.2022, the Supreme Court has restored the
additional compensation awarded by the Reference Court in
the respective orders by observing thus : -
3. The subject lands in question are situated
at Villages Pansar, Dhamasana and Isand which came to
be acquired under the provisions of the Land
Acquisition Act, 1894 (hereinafter being referred
to as the "Act") for the public purpose for ONGC. The
notification under Section 4 of the Act came to be
published and after going through the procedure
prescribed under law, the Special Land Acquisition
Officer awarded compensation under Section 11 of the Act.
4. Upon reference being made by the appellants claimants
in respect of the lands acquired at Villages
Pansar/Dhamasana/Isand, the Reference Court awarded
additional compensation, over and above the
compensation awarded by the Special Land Acquisition
Officer, ONGC, Ahmedabad, under its respective orders
along with interest and other statutory benefits under
Section 23(1)(A) of the Act.
5. The orders passed by the Reference Court
came to be challenged by respondent no.1 (ONGC)
before the High Court and after hearing the parties, the
High Court under its respective impugned judgments,
while upholding the statutory benefits including
interest, modified the rate of compensation
and reduced the additional compensation for the land
acquired at Villages Pansar/Dhamasana/Isand, Taluka
Kalol, District Gandhinagar, which is the subject
matter of challenge at the instance of the
appellants claimants in the present batch of
appeals.
6. After we have heard learned counsel for the parties,
in our considered view, the Reference Court in exercise
of its power under Section 18 of the Act,
after appreciating the material available on
record, awarded additional compensation to the
claimants over and above the compensation awarded
by the Special Land Acquisition Officer, ONGC,
Ahmedabad and the interference made by the High
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
Court under the impugned judgment so far as the
additional compensation assessed by the Reference Court
is concerned, is neither supported by the
material on record nor sustainable in law.
7. Consequently, additional compensation awarded
by the Reference Court in the respective orders stands
restored. The impugned judgment of the High Court, to
the limited extent is accordingly modified."
7. Thus, in view of the observations and directions issued by
the Supreme Court, all the additional compensations awarded
by the Reference Court in the respective orders should restore
and hence, the additional compensation of Rs.264 per sq.mtr.,
of land of village Pansar, which was awarded by the Reference
Court vide judgment and order dated 06.05.2013 in Land
Acquisition Reference Case Nos.722 of 2012 to 723 of 2013
was restored. Thus, the total amount, as per the judgment and
order dated 06.05.2013 would come to Rs.264/- i.e. Additional
compensation of Rs.254/- + Rs.10/-, awarded by the Land
Acquisition Officer. This judgment and order of the Reference
Court has become final, as per the observations made by the
Apex Court and the amount of Rs.264/- with regard to the land
acquired of village Pansar, for which, the Notification under
Section 4 of the Act, was issued on the same date, which is the
subject of consideration in the present appeals, has become
final. The acquiring body in the present first appeal has made
very unique submissions that though the Apex Court has
issued the aforesaid directions restoring the additional
compensation awarded by the Reference Court for the very
same village, for which, the Notification 4 is also of the same
date, cannot be made applicable in the present case, only for
the reason that the Reference Court in the judgment and order
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
dated 06.05.2013 passed in LAR Case Nos.722 of 2012 to 723
of 2012 has made erroneous observations in paragraph No.19.
While referring the observations made in the paragraph No.19
of the said reference, it is contested that the claimants in the
present first appeals would also be entitled to Rs.231/- as
additional compensation, over and above Rs.10/- (i.e. Rs.241/-
instead of Rs.264/-). This Court fails to understand such
submissions being advanced before this Court in wake of the
fact that the very same award and judgment awarding
additional compensation of Rs.264/- has become final and is
restored by the Supreme Court in the aforementioned order. It
is not open for the appellant to make such a contentions or
submissions before this Court requesting this Court to deviate
from the observations and directions issued by the Supreme
Court and take a different view on a pretext that an erroneous
observations is made in paragraph No.19 of the earlier
judgment and award dated 06.05.2013 passed in LAR Case
Nos.722 of 2012 to 723 of 2012. It is not open for the appellant
to raise such contention in wake of the fact that the award has
been confirmed by the Apex Court as the appellant neither
before the Division Bench of this Court in First Appeal Nos.583
of 2014 and allied matters, nor before the Apex Court has
raised such contention and for the first time, it is pointed out
before this Court that the Reference Court has made a mistake
in determining the amount of Rs.254/- by way of additional
compensation, over and above Rs.10/- i.e. Rs.264/-. The
appellant has tried to mislead this Court, even after the
directions made by the Supreme Court in the aforementioned
order passed in Civil Appeal Nos.387-392 of 2022. Thus, the
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
additional compensation of Rs.264/- which has become final as
awarded by the Reference Court, as per the observations made
by the Supreme Court, the same would apply to the present
first appeals also and the amount of additional compensation,
as awarded by the Reference Court which is subject matter of
the present first appeals or the land acquired for the very
same village awarding an amount of Rs.264=60 does not
require interference. The observations and directions issued
by the Supreme Court will equally apply to the present LAR
Cases and the amount awarded by the Reference Court has to
be treated final for the additional compensation for the land
acquired of very same village Pansar for, which the Section 4
Notification is also issued on the same date.
8. Thus, the present first appeals are dismissed with a cost
of Rs.5,000/- each, as the appellant - ONGC has tried to
mislead this Court, even after passing of the order by the Apex
Court and has tried to carve out the case on the basis of earlier
judgment and order of the Reference court dated 06.05.2013
passed in LAR Case Nos.722 of 2012 to 723 of 2012, which is
ordered to be restored by the Supreme Court. The cost of
Rs.5000/- shall be deposited before the Reference Court and
on such deposit, the same shall be awarded to the claimants.
9. After completion of dictation of this judgment, learned
advocate Mr.Kahre has pointed out that the order dated
12.10.2018 passed in Special leave to Appeal (C) No.26817 of
2018, in the case of General Manager ONGC Ltd. Vs. Chaudary
Ashwinbhai Jethabhai, wherein the Apex Court observed thus:-
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
"Issue notice.
Until further orders, there will be stay of operation of
the impugned orders passed by the High Court, subject to
petitioners depositing with Reference Court the interest
from the date of award, within three weeks from today.
On such deposit, it will be open for the claimants to
withdraw the same, on proper verification, without
prejudice to their contentions in these cases.
We make it clear that this order will apply in the case
of all pending matters in the High Court and, therefore,
those claimants need not travel to this Court.
Tag with SLP (C) No.27049/2018."
10. Thus, since the Supreme Court has ordered that the
aforesaid observations will apply to all the pending matters in
High Court, hence the similar directions are required to be
following.
11. Accordingly, in view of the order passed by the Supreme
Court, the claimants shall be entitled to interest from the date
of award, subject to further orders passed by the Supreme
Court in the aforesaid SLP. It will be open for either of the
parties to make an application in this regard after the decision
of the Supreme Court in the aforesaid SLP.
ORDER ON R/FIRST APPEAL NO. 2927 of 2012 & 2928 of 2012
12. The present appeals arise out of the judgment and award
dated 27.04.2012 passed in Land Reference Case Nos.130 of
2009 to 131 of 2009, wherein the Reference Court awarded an
additional compensation of Rs.239=60, over and above Rs.25/-
awarded by the Land Acquisition Officer, thus the total amount
of Rs.264=60 has been awarded.
13. By the judgment and order passed in First Appeal
Nos.1474 of 2013 and 1475 of 2013, this Court has confirmed
C/FA/1474/2013 JUDGMENT DATED: 12/10/2022
the judgment and award of the Reference Court awarding an
amount of Rs. 264=60 ps., in case of very same village Pansar
for which, the Section 4 Notification was issued on 28.08.2000,
whereas the in the present First Appeals, the land acquired for
the very same village Pansar, Section 4 Notification was issued
on 06.12.2000.
14. Learned advocate Mr.Dave has submitted that for the
difference of four months i.e. from 08.08.2000 (Section 4
Notification of LAR Case Nos.522 of 2009 and 526 of 2009) to
06.12.2000 (i.e. present LAR Case No.130 of 2009 and 131 of
2009), the claimants will not claim any additional
compensation and whatever amount which is awarded by the
Reference Court i.e. Rs.264=60 ps., may be confirmed.
15. Accordingly, in view of the aforesaid observations, the
present appeals are dismissed with a cost of Rs.5,000/- in each
appeal.
16. Registry to accept the Vakalatnama of learned advocate
Mr.Akshat Khare, appearing for the appellant, as he is
appearing in these appeals.
17. Cross objections do not press and the same are disposed
of as not pressed.
18. Record and proceedings be sent back to the concerned
Court forthwith.
(A. S. SUPEHIA, J)
MB/ 02
