Oil And Natural Gas Limited Mehsana ... vs The Competent Authority (R.O.U.)
2026 Latest Caselaw 489 Guj

Gujarat High Court

Oil And Natural Gas Limited Mehsana ... vs The Competent Authority (R.O.U.) on 10 February, 2026

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                                      NEUTRAL CITATION




                             C/SCA/1647/2026                                           ORDER DATED: 10/02/2026

                                                                                                                      undefined




                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/SPECIAL CIVIL APPLICATION NO. 1647 of 2026

                      =============================================
                                OIL AND NATURAL GAS LIMITED MEHSANA ASSET.
                                                  Versus
                                  THE COMPETENT AUTHORITY (R.O.U.) & ORS.
                      =============================================
                      Appearance:
                      MR RITURAJ M MEENA(3224) for the Petitioner(s) No. 1
                      MS.HETAL PATEL, ASST.GOVERNMENT PLEADER                                            for     the
                      Respondent(s) No. 108,160,161,162,163,77,80,85
                      MR PRADIP D BHATE(1523) for the Respondent(s) No. 2
                      =============================================

                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR.JUSTICE D.N.RAY

                                                        Date : 10/02/2026

                                                 ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Present petition has been filed challenging the impugned award dated 17.11.2025 passed in PMP/Award No.05/2025/2485, on the premise that provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, has been wrongly made applicable, while making the said award, inasmuch as the said provisions do not attract in the case of acquisition under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.

2. The issues sought to be raised in the present petition have been adjudicated by this Court in the judgment and order dated 25.07.2025 passed in a bunch of writ petitions

NEUTRAL CITATION

C/SCA/1647/2026 ORDER DATED: 10/02/2026

undefined

leading being Special Civil Application No.14518 of 2024. It may also be noted that the award impugned is an outcome of the aforesaid decision of this Court.

3. The petitioner herein is also before the Apex Court in a challenge to the judgment and order dated 25.07.2025, wherein this Court has held that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 will be applicable in case of acquisition made under the the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. In this scenario, the second round of litigation initiated by the petitioner-ONGC, during the pendency of challenge before the Apex Court to the determination made by us in the judgment and order dated 25.07.2025, cannot be entertained.

4. It is always open for the petitioner-ONGC to move an appropriate application before the Apex Court in the pending matters, wherein the judgment and order dated 25.07.2025 passed by this Court, which is the basis of passing of the award impugned, is subject matter of challenge. Present petition is accordingly dismissed.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) SAHIL S. RANGER