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2016 DIGILAW 1500 (GUJ)

Oil and Natural Gas Corporation Ltd. v. Special Land Acquisition Officer

2016-07-27

A.S.SUPEHIA, M.R.SHAH

body2016
JUDGMENT : M.R. Shah, J. 1. As common question of law and facts arise in both these appeals and as such arise out of the impugned common judgment and award passed by the learned Reference Court, both these First Appeals are heard, decided and disposed of together by this common judgment and order. 2. Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Additional Senior Civil Judge, Kalol, District Gandhinagar (hereinafter referred to as "learned Reference Court") in Land Acquisition Reference Case Nos. 320/2012 and 321/2012, by which the learned Reference Court has partly allowed the said references and has awarded the compensation for the lands acquired of village/town Kalol at the rate of Rs. 1024 per sq. meter with all other statutory benefits which may be available under the Land Acquisition Act (hereinafter referred to as "Act"), the Acquiring Body has preferred the present First Appeals. 3. That the land situated at village/town Kalol came to be acquired under the provisions of the Act for the public purpose by the Acquiring Body - ONGC. That the notification under Section 4 of the Act was issued and published on 18.11.1996. The notification under Section 6 of the Act was issued on 18.09.1997. That the Special Land Acquisition Officer declared the award on 30.11.1999, awarding and determining the compensation at the rate of Rs. 26 per sq. meter. At the instance of the original claimants the references under Section 18 of the Act were made to the District Court which were numbered as Land Acquisition Reference Case Nos. 320/2012 and 321/2012. 3.1 That before the learned Reference Court the original claimants claimed the compensation initially at the rate of Rs. 1024 per sq. meter, however subsequently it was enhanced to Rs. 2500 per sq. meter. That relying upon the minutes of meeting of the District Land Valuation Committee, Mehsana held on 14.10.1999 (Exh. 28), by impugned common judgment and award the learned Reference Court has determined the market price and consequently has awarded the compensation at the rate of Rs. 1024 per sq. meter deducting Rs. 26 per sq. meter as awarded by the learned Special Land Acquisition Officer, has awarded additional compensation at the rate of Rs. 998 per sq. meter. 28), by impugned common judgment and award the learned Reference Court has determined the market price and consequently has awarded the compensation at the rate of Rs. 1024 per sq. meter deducting Rs. 26 per sq. meter as awarded by the learned Special Land Acquisition Officer, has awarded additional compensation at the rate of Rs. 998 per sq. meter. 3.2 Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Reference Court, the Acquiring Body has preferred the present First Appeals. 4. Shri Vinay Bairagra, learned advocate appearing on behalf of the Acquiring Body has vehemently submitted that in the facts and circumstances of the case, the learned Reference Court has materially erred in determining and awarding the compensation at the rate of Rs. 1024 per sq. meter. Shri Bairagra, learned advocate appearing on behalf of the Acquiring Body has heavily relied upon the decision of the Division Bench of this Court in First Appeal No. 3340/2010 with respect to the lands acquired of very village/town Kalol and for which the notification under Section 4 was issued on 30.01.1997, the Division Bench has awarded the compensation at the rate of Rs. 281 per sq. meter. Therefore, it is requested to modify the impugned judgment and award passed by the learned Reference Court accordingly to the aforesaid extent. 5. Shri Patel, learned advocate appearing on behalf of the original claimants is not in a position to dispute the above and as such not disputing the above that with respect to the lands acquired of very village/town Kalol for which the notification under Section 4 of the Act was published and issued on 30.01.1997, the Division Bench has awarded the compensation at the rate of Rs. 281 per sq. meter. However, has submitted that in the facts and circumstances of the case the learned Reference Court has not committed any error in awarding the compensation at the rate of Rs. 1024 per sq. meter relying upon the District Land Valuation Committee's report. 6. Heard learned advocates appearing for respective parties at length. At the outset it is required to be noted that the lands in question have been acquired for the public purpose/Acquiring Body - ONGC. That the notification under Section 4 of the Act was published on 18.11.1996. That the Special Land Acquisition Officer awarded the compensation at the rate of Rs. 26 per sq. At the outset it is required to be noted that the lands in question have been acquired for the public purpose/Acquiring Body - ONGC. That the notification under Section 4 of the Act was published on 18.11.1996. That the Special Land Acquisition Officer awarded the compensation at the rate of Rs. 26 per sq. meter, which has enhanced to Rs. 1024 per sq. meter by the learned Reference Court by impugned common judgment and award. It is not in dispute that with respect to the lands acquired of very village/town Kalol for which the notification under Section 4 of the Act was published on 30.01.1997, the Division Bench of this Court vide judgment and order dated 15.06.2015 in First Appeal No. 3340/2010 and other allied matters has determined and awarded the compensation at the rate of Rs. 281 per sq. meter. as in both the cases the lands are of very village/town Kalol and section 4 notification are issued in proximity of time, the judgment and order passed by the Division Bench in First Appeal No. 3340/2010 can be taken as base and comparable for determination of the compensation in the present cases. Under the circumstances and considering and relying upon the decision of the Division Bench of this Court in First Appeal No. 3340/2010, the impugned judgment and award passed by the learned Reference Court is required to be modified to the extent holding that the original claimants shall be entitled to compensation at the rate of Rs. 281 per sq. meter with all other statutory benefits which may be available under the Act. 7. In view of the above and for the reasons stated above, both these First Appeals succeed in part. Impugned common judgment and award is hereby modified to the extent and it is held that the original claimants shall be entitled to additional compensation at the rate of Rs. 281 per sq. meter and as the learned Special Land Acquisition Officer has awarded the compensation at the rate of Rs. 26 per sq. meter. It is held that the original claimants shall be entitled to additional compensation at the rate of Rs. 255 per sq. meter (Rs. 281 - Rs. 26) with all other statutory benefits which may be available under the Act including the benefits under Section 23 of the Act. 26 per sq. meter. It is held that the original claimants shall be entitled to additional compensation at the rate of Rs. 255 per sq. meter (Rs. 281 - Rs. 26) with all other statutory benefits which may be available under the Act including the benefits under Section 23 of the Act. However, it is clarified that the original claimants shall be entitled to interest under Section 28 of the Act from the date of taking the possession under Section 16 of the Act. Both these First Appeals are partly allowed to the aforesaid extent. No costs.