Gujarat High Court
Project Manager vs Senma Somabhai Kalabhai,Since ... on 8 July, 2025
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C/FA/3134/2005 JUDGMENT DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3134 of 2005
With
R/FIRST APPEAL NO. 3135 of 2005
With
R/FIRST APPEAL NO. 3136 of 2005
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
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PROJECT MANAGER
Versus
SENMA SOMABHAI KALABHAI,SINCE DECD.THRU HIS HEIRS & L.RS. &
ORS.
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Appearance:
MR KUNAN B NAIK(3210) for the Appellant(s) No. 1
MS ROSHNI PATEL AGP for the Defendant(s) No. 4
NOTICE SERVED for the Defendant(s) No.
2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,2.9,3
RULE SERVED for the Defendant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 08/07/2025
COMMON ORAL JUDGMENT
1. Since the issues involve in all these appeals are
identical and common in nature, all these appeal are
being disposed of by this common judgment.
2. Present appeals are filed by the appellant - Oil and
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Natural Gas Corporation Limited against the judgment
and award dated 30.06.1995 passed by the learned
Dstrict Judge, Mehsana (hereinafter referred to as 'the
Reference Court') in Land Acquisition References Nos.
285 of 1986, 286 of 1986 and 287 of 1986 whereby, the
Reference Court partly allowed the Reference Cases filed
by the original claimants.
3. It is the case of the appellant that present respondents
had filed Land Acquisition Reference Case Nos. 285 of
1986, 286 of 1986 and 287 of 1986 before the Reference
Court.
3.2 After hearing both the parties and after evaluating
the evidence placed on record, the Reference Court
passed an order dated 30.6.1995 in above mentioned
Land Acquisition Reference Cases and directed that the
respondents were entitled to recover from the appellant
an additional amount of yearly rent at Rs.80.50 per acre
(i.e.Rs.0.80/- Ps/Sq. mtr.) towards the rent fixed by
O.N.G.C. from time to time with interest as specified. The
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Reference Court has also directed that the respondents
claimants were also entitled to get an additional amount
of yearly rent @ Rs.0.80/- per Sq. mtr. over and above the
monthly rent fixed by O.N.G.C.
3.3 Being aggrieved and dissatisfied with the aforesaid
judgment and award passed by the Reference Court, the
appellant O.N.G.C. has filed all these First Appeals under
Section 54 of the Land Acquisition Act.
4. Heard learned advocate Mr. Kunal Naik, appearing for
the appellant - ONGC and learned Assistant Government
Pleader Ms.Roshni Patel, appearing for the respondent
No.4. Though served other respondents have chosen not
to appear before this Court.
5. Learned advocate Mr. Naik, appearing for the
appellant ONGC, has submitted that the amount awarded
by the Reference Court is on higher side and therefore,
the same is required to be reduced. He has submitted
that the Reference Court has not properly considered the
facts of the present case and also not considered the fact
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that it was not for permanent acquisition but, it was a
temporary acquisition and therefore, the Reference Court
has completely ignored this aspect while recording the
findings and has not properly considered the submissions
made on behalf of the appellant while passing the
impugned judgment and award and has committed a
serious error of law and on facts. He has further
submitted that there was a huge delay in preferring the
Reference before the Reference Court, however, the
Reference Court has not properly appreciated the said
aspect while passing the impugned judgment and award.
5.1 Learned advocate Mr. Naik, has referred and relied
upon the decision of Division Bench of this Court
rendered in case of Deputy General Manager vs.
Bakaji Jivaji and Anr. in First Appeal No.1037 of
2009 decided on 12.02.2014, wherein, identical issue
is involved. He has also referred and relied upon the
decision of this Court rendered in case of Oil and
Natural Gas Corporation Ltd. vs. Sankarji Hemani
and Anr., reported in [2008] 2 GLR 1226 and one
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another decision rendered in case of Dy. General
Manager vs. Patel Anil Bachubhai and Anr.,
reported in [2008] 2 GLH 767 and submitted that in
light of the above referred decisions, present appeal be
remitted back to the Reference Court for fresh
consideration. He has submitted the Reference Court has
exceeded its jurisdiction by awarding compensation and
interest thereon.
6. I have heard the learned advocates appearing for the
respective parties and perused the material placed on
record. It appears that the controversy raised in the
present appeal is now not res integra in view of the two
reported decisions relied upon by this Court in First
Appeal No.1037 of 2009, wherein, it was specifically held
that while considering the scope and ambit of Reference
Court in a reference under section 35(3) of the Act that
Collector or Reference Court has no jurisdiction to
determine and decide the rental beyond the period of 3
years from the date of taking the possession. It was
further held that the Reference Court also has no
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jurisdiction to award mesne profits for the occupation and
possession of the land beyond 3 years. It is further held
that it has no jurisdiction to pass an order for restoring
the possession of the land. It was further held that a
dispute whether there is an extension of an implied
contract/agreement or not also cannot be decided by
Reference Court. After so holding the Division Bench of
this Court has quashed and set aside the award
determining the rental beyond the period of 3 years from
the date of taking the possession and has remanded the
matters to the Reference Court to decide the references
afresh in accordance with law and on merits and to
decide the rental considering the observations made in
the aforesaid decisions.
7. In view of the above undisputed facts and the facts in
the present appeals, where the case is similar and
identical, the impugned the judgment and awards dated
30.06.1995 passed by the Reference Court in Land
Acquisition References Nos. 285 of 1986, 286 of 1986 and
287 of 1986 are hereby quashed and set aside and the
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matters are remanded back to the learned Reference
Court to decide and dispose of the reference afresh in
accordance with law and on merits and determine the
rental and quantum of compensation for the period of 3
years from the date of taking the possession and
considering the observations made in the aforesaid two
decisions. Learned advocate appearing on behalf of the
ONGC to place on record the aforesaid two reported
decisions cited in First Appeal No.1037 of 2009 by the
Division Bench of this Court before the Reference Court
for its kind consideration so that the reference on remand
can be decided in light of the observations made in the
aforesaid two decisions.
8. Present First Appeals are allowed to the aforesaid
extent. In the facts and circumstances of the case,
Registry is directed to return the Record and Proceedings
of each case to the Reference Court immediately.
8.1 It is also to be noted that pursuant to the interim
order passed by this Court, if, the appellant has deposited
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the amount of compensation as per the impugned
judgment and award passed by the learned Reference
Court [which is now set aside], and if the same is lying in
the Nazir department, the same shall be continued to be
invested in cumulative fixed deposit as ordered earlier
subject to the ultimate outcome of the reference, when
the matters are remanded back to the Reference Court
and any amount of compensation that may be awarded by
the Reference Court on remand, shall be appropriated
from the said fixed deposit, subject to obtaining
appropriate interim order by the higher Court/Forum.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
