Gujarat High Court
Lhs Of Decd. Patel Kantaben D/O ... vs Hindustan Petroleum Corporation Ltd on 3 October, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
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C/SCA/14094/2024 ORDER DATED: 03/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14094 of 2024
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LHS OF DECD. PATEL KANTABEN D/O BHAILALBHAI W/O
BHASKARBHAI PATEL & ORS.
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. & ORS.
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Appearance:
MR BS PATEL, SR. ADVOCATE with MR UMANG H OZA(2440) for
the Petitioner(s) No. 1,1.1,2,3,4
MS HETAL PATEL, AGP for the Respondent(s) No. 2,3
MR.MANAN BHATT(6535) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 03/10/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. The present petition has been filed with the following
prayers :-
"(B) YOUR LORDSHIPS may be pleased to issue a
writ of Mandamus or any other appropriate writ,
order or direction, directing the Competent
Authroity-Respondent No.1 to amend, modify,
revise the award dated 18/08/2017 passed for
village Asoj qua the petitioners and re-compute the
compensation payable by multiplying the market
value as determined under section 26(1) of the
LARR Act with Factor-2 Multiplier and also award
all other statutory benefits as provided under LARR
Act including but not limited to solatium under
section 31 and interest under section 33 of the
LARR Act
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(C) Pending admission, hearing and final disposal
of the petition, YOUR LORDSHIPS may be pleased
to restrain the respondents from using, altering or
making any construction on the land of the
petitioner until and unless the petitioner is duly
compensated as per Paragraph (A) herein above."
2. The petitioners claim to be the owner of land bearing
Survey No. 936 admeasuring 8814 sq. mtrs. situated at
village Asoj, Taluka and District Vadodara and would
submit that the land in question falls in "rural area" as
per Rule 2(p) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Rules, 2017.
3. The acquisition of the land in question was undertaken
and the award was passed on 18.08.2017 treating the
land in question within the definition or urban area as
per the Government Resolution dated 10.09.2018.
4. The further notifications dated 10.11.2016 and
11.09.2018 has been quashed by the judgment and order
dated 12.09.2019 passed in Special Civil Application No.
8734 of 2019 connected with other petitions by issuing
directions to modify the awards and recompute the
compensation qua the lands of the petitioners by
multiplying the market value by application of Factor '2'
and all other statutory benefits. 5.
5. The submission is that the judgment and order dated
12.09.2019 passed by this Court is being followed in
subsequent writ petitions, wherein the issue has been
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C/SCA/14094/2024 ORDER DATED: 03/10/2024
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raised with respect to declaration of award under the
Act, 2013, without applying Factor '2' in Schedule - II of
the Act, 2013.
6. Mr. Manan Bhatt, learned advocate appearing for the
Hindustan Petroleum Corporation Limited would submit
that the petitioners herein are entitled for consideration
of their claim on the basis of the Government Resolution
dated 29.07.2016, whereby the State Government had
determined the application of Factor '2' under Section
26(1) of the Act, 2013 as per the First Schedule.
However, the question as to whether the area-in-
question is falling in rural area within the meaning of
Rules, 2017 and, thus, application of Factor '2' in
accordance with Section 26(1) of the Act, 2013, is to be
inquired by the competent authority for determination of
the claim of the petitioners herein.
7. Noticing the above, as we find that factual inquiry is
required to be made at the ends of the competent
authority, without entering into the merits of the claim
of the parties, the present petition is being disposed of
with the direction that the Competent Authority namely
Deputy Collector, Vadodara shall decide the claim of the
petitioners by taking into consideration all attending
circumstances/factors as per the provisions of Section
26(1) of the Act, 2013, keeping in mind the Government
Resolution dated 29.07.2016 read with the Government
Resolution dated 25.04.2014.
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8. Notice be issued to the respondent-Hindustan Petroleum
Corporation Limited, whose representatives are obliged
to participate in the process of re-determination. The
determination of all statutory benefits admissible to the
petitioners shall be made by the competent authority
namely Deputy Collector, Vadodara, keeping in mind the
observations made herein-above, by passing a reasoned
and speaking order, strictly in accordance with law,
preferably within a period of three (3) months from the
date of receipt of the copy of this order.
9. It is clarified that in case, the petitioners are found
entitled to enhanced compensation, the disbursement of
the compensation shall be made strictly in accordance
with the provisions of the Act, by putting notice and
intimation to all concerned.
10. Pending Civil Application(s), if any, shall also stand
disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
BIJOY B. PILLAI
