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2023 DIGILAW 621 (GUJ)

KHEDUT UTKARSH MANDAL v. UNION OF INDIA

2023-04-18

ASHUTOSH SHASTRI, J.C.DOSHI

body2023
ORDER : 1. By way of this contempt petition, it has been alleged that the respondent authorities i.e. respondent Nos. 3 and 4 have willfully not complied with the directions contained in order dated 26.08.2022 and 05.01.2023 passed in Special Civil Application No. 6037 of 2022 and Misc. Civil Application No. 1 of 2022 respectively. 2. The background of the case is that in the year 2009, the lands of the farmers/landowners, who are the members of the original petitioner No. 1, registered society, whose “right of user” was acquired under the provisions of Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as “the P & MP Act”) and as such the issue arose with respect to compensation in view of Section 10 of the P & MP Act. The said issue relating to compensation was the subject matter of adjudication before the competent authority and District Courts at Panchmahals, Dahod, Bharuch and Vadodara respectively but the said proceedings were not finalized and as such with a view to see that the overall resolutions of the said dispute can come to an end a detailed proposal dated 09.02.2022 for settlement of claim was submitted before respondent Nos. 3 & 4 GAIL, as indicated above, with respect to 2080 members of petitioners No. 1-society. Learned Mamlatdar was appointed as competent authority under Section 10 of the P & MP Act which was contrary to the law laid down by Hon'ble Apex Court in case of Trilok Sudhirbhai Pandya vs. Union of India and Others, (2011) 10 SCC 203 and Laljibhai Kadvabhai Savaliya and Others vs. State of Gujarat and Others, (2016) 9 SCC 791 and it was held in Special Civil Application No. 3803 of 2013 in the decision dated 11.02.2022 that appointment of competent authority is contrary to the law laid down by aforesaid decisions. 2.1 In view of such circumstance, the original petitioners had to approach this Court by way of Special Civil Application No. 6037 of 2022 seeking reliefs to declare the appointment of competent authority as illegal and directing the appointment of competent authority as per the law laid down by the Hon'ble Apex Court, as referred to above and further sought a direction to pay just and adequate compensation to 2126 landowners/farmers, who are members of the petitioner No. 1 - society. 2.2 In the said writ petition, after hearing the parties, the Hon'ble Court disposed of by holding that appointment of Mamlatdar, as competent authority was illegal. However, since considerable long time had elapsed, it was ordered to deal with the proposal dated 09.02.2022 submitted by the original petitioners and directed the same to put its logical end by respondent Nos. 3 and 4 authority expeditiously at any rate within an outer limit of eight weeks from the date of receipt of the copy of the order and thereby the aforementioned petition came to be disposed of. 2.3 In view of the circumstances stated, it was not decided in eight weeks' time and the respondent authority submitted an application for seeking extension of time as contained in the said order dated 26.08.2022 passed in Special Civil Application No. 6037 of 2022 by submitting a Misc. Civil Application No. 1 of 2022 and considering the circumstances stated therein, after hearing, the time limit was extended for a further period of two months from the expiry of original time period (i.e. 06.12.2022) for considering the proposal dated 09.02.2022. Though, it is stated that even this extended period has also not been utilized and the direction remained not complied with, the present Misc. Civil Application is filed under the provisions of Contempt of Courts Act. But it appears that in between some development is projected by the petitioner itself which deserves to be quoted hereunder: “Some of the landowners/farmers appear to have approached the District Court Dahod at Limkheda against the common award passed by the competent authority i.e. Case Award No. 2 of 2019 dated 30.04.2021 wherein vide order dated 09.12.2022, the said Misc. Civil Applications which were numbered came to be disposed of by setting aside the Award dated 30.04.2021 i.e. BDA/CA/Land-Crop-Tree-Compensation/remand court case Award No. 2 of 2019 and the matter was remitted back to the Adjudicating Officer to decide afresh as early as possible within a period of three months.” 2.4 Similar is with respect to yet another sets of applications submitted by landowners/farmers being C.M.A.D.C. Nos. 363 to 464 of 2021 before the District Court Dahod at Limkheda which also came to be disposed of vide order dated 13.01.2023 passed by the Additional Sessions Judge, Dahod at Limkheda in which while allowing the application, the Award No. 2 of 2019 dated 23.04.2021 and 30.04.2021 came to be set aside and the matter was remitted back to the Adjudicating Officer to decide afresh within a period of three months. 2.5 Similar kind of applications were also submitted by concerned landowners/farmers before other District Courts as well and in view of these various applications, the issue of compensation could not finalize even after seeking extension from the Court on 05.01.2023 in Misc. Civil Application No. 1 of 2022 and the authority took steps to expedite the disposal of appeals by one of District Court i.e. Bharuch District Court wherein appeals filed by respondent-GAIL (India) Limited came to be dismissed vide order dated 31.01.2023 and thereby uphold the award passed by Competent Authority- GAIL relying upon ONGC award and the proposal of the petitioners dated 09.02.2022 was for settlement on the terms of ONGC Award. On account of such situation having been irrupted, during the course of time, after the decision of Bharuch District Court dated 31.01.2023, the respondent-GAIL (India) Limited on due deliberations with the legal consultations decided to accept the judgment of Bharuch District Court dated 31.01.2023 and though on earlier occasion that proposal dated 09.02.2022 was not accepted, which was also communicated, was reconsidered and now decided to accept the proposal of settlement dated 09.02.2022 and make payment of compensation to eligible landowners/farmers after adjusting the compensation already paid to them and therefore, all efforts were made to see that ultimately the amount of compensation be reached to the hands of eligible landowners/farmers. 2.6 On account of aforesaid situation, since verification of record with regard to landowners/farmers eligibility would take some time, the respondent - GAIL (India) Limited filed Misc. Civil Application No. 1 of 2022 for seeking extension of time, as indicated above and time was extended by virtue of order dated 05.01.2023. 2.6 On account of aforesaid situation, since verification of record with regard to landowners/farmers eligibility would take some time, the respondent - GAIL (India) Limited filed Misc. Civil Application No. 1 of 2022 for seeking extension of time, as indicated above and time was extended by virtue of order dated 05.01.2023. Subsequently, during that period, the laborious exercise was carried out and detailed analysis of the relevant record was available and out of the said detailed exercise, it was found that out of 2126 claimants i.e. landowners/farmers, it was found on verification that 1900 landowners/farmers are eligible to receive enhanced/differential compensation based on the compensation awarded as per ONGC Award and as such in principle, the respondent- GAIL (India) Limited has accepted in substance the petitioners' proposal dated 09.02.2022 for settlement to a substantial extent and as such by way of filing affidavit-in-reply on behalf of respondent No. 4-GAIL (India) Limited has submitted that on the basis of compensation awarded as per ONGC Award these 1900 landowners/farmers would be paid the amount of compensation after adjusting the amount which has already been paid on certain steps. 3. Mr. S.I. Nanavati, learned senior advocate appearing with Mr. Akshat Khare, learned advocate appearing for respondent No. 3 and 4 authority has submitted, on instructions, that at the differential rate and on the basis of amount of compensation awarded as per ONGC Award would be deposited before the competent authority i.e. respective District Collectors within a period of 30 days and in view of this, the rate of compensation determined is Rs.91/- per sq. meter instead of Rs.31/- per sq. meter which is on the basis of compensation awarded as per the ONGC Award. 3.1 Upon such deposit of amount being determined as agreed upon by consensus, after due verification, the same may be disbursed by the competent authority. 3.2 On instructions, it has been submitted that this deposit will be made by respondent within a period of 30 days before competent authority without waiting for the demand by the respondent State and these 1900 claimants/landowners/farmers be made available such amount by way of either deferential or additional amount of compensation after compensation already paid on due verification for which the respondents have no objections. However, it has been made clear that this resolution mode which has been adopted by respondent authority is in peculiar background of facts and not to be treated as precedent. 4. In view of these submissions and the particulars made available, Mr. Mohmedsaif Hakim, learned advocate appearing for the applicants has no resistance and rather having a broad consensus but has submitted that out of these 1900 claimants, some of the claimants' proceedings are pending before various District Courts which are approximately 1326 in numbers and as such has submitted that the applicants may be permitted to place this order before the said proceedings which are pending at various District Courts to ultimately make a request to get it disposed of in view of this overall resolution since proposal dated 09.02.2022 has been substantially accepted. Though, an attempt was made that this should be applied to all claimants i.e. 2126 but then ultimately after appreciating the efforts made by respondent authority to resolve the dispute to substantial extent no much grievance is voiced out and has submitted that the others may pursue their remedy and as such in substance, the stand taken by respondent authority to accept the proposal dated 09.02.2022 with respect to 1900 landowners/farmers for receiving compensation awarded as per ONGC Award is without resistance accepted. Hence, has requested to dispose of the petition. 5. Mr. Devang Vyas, learned Additional Solicitor General appearing for the respondent No. 1 and Mr. Kamal Trivedi, learned Advocate General appearing with Ms. Dhwani R. Tripathi, Assistant Government Pleader for the respondent No. 2 have no resistance in view of the fact that to a substantial extent the proposal of the original petitioners dated 09.02.2022 has been accepted by respondent authority and as such have no reservations if on the line suggested by respondent Nos. 3 and 4 and the petitioners, the petition is disposed of. 6. 3 and 4 and the petitioners, the petition is disposed of. 6. Having heard the learned advocates appearing for the respective parties and having gone through the aforesaid particulars which are provided, it appears that the respondent authorities have made all attempts to see that this issue of compensation may get resolved within the extended time period and based upon such exercise and upon due verification of relevant record, it is found that 1900 landowners/farmers have been found eligible to receive enhance and differential compensation instead of 2126 as claimed by the petitioners since 30 days time is sought to deposit the aforesaid amount with respect to 1900 claimants substantially the directions appear to have been complied with. In view of the fact that this settlement is broadly accepted by the petitioners and the rate on the basis of compensation awarded by the ONGC Award, having been accepted and the amount determined is treated to be an amount determined by the competent authority, we are of the opinion that no clear case of contempt is made out and as such, we deem it proper to dispose of the present contempt petition with following observations which may meet the ends of justice and the same is also broadly in consensus by both the sides: (i) Present Misc. Civil Application is disposed of by permitting respondent Nos. 3 and 4 authorities to deposit the differential amount of compensation on the basis of compensation awarded as per ONGC Award with respect to 1900 landowners/farmers within a period of 30 days before the concerned competent authority that may be authorised under Section 2(a) to carry out all or any of the functions under the P & MP Act. (ii) Upon deposit of such amount, on due verification of relevant papers with regard to each of the claimants out of these 1900, as indicated, the competent authorities shall disburse the said amount to the respective claimants as early as possible but not later than one month. (ii) Upon deposit of such amount, on due verification of relevant papers with regard to each of the claimants out of these 1900, as indicated, the competent authorities shall disburse the said amount to the respective claimants as early as possible but not later than one month. (iii) Since the rate of compensation is in substance agreed upon on the basis of compensation awarded by ONGC Award with respect to claimants whose cases 574 in numbers are remanded and pending before competent authority, as indicated above, the present order be placed on record before appropriate authority to put the proceeding to its logical end since the petitioners have accepted the rate of compensation, as indicated by respondent authority while accepting the proposal of the petitioners dated 09.02.2022 in substance and it would be open for the respective applicants and authorities to request the concerned authority for its disposal by passing and appropriate order in Lok Adalat. (iv) As broad consensus has been arrived between the parties and the respective petitions being 574 petitions remanded and pending before the competent authority noted herein above, the remaining 1326 petitions pending before the District Courts at Bharuch, Karjan, Savli, Halol, Godhra and Dahod shall also be governed by this compromise and the concerned court may put an end to those matters by passing an appropriate order or placing those cases into the Lok Adalat for its disposal. It is clear that broad consensus arrived between the parties is governing only 1900 cases, which are either pending before the competent authority for adjudication or before the concerned court and not to 2126 cases. 226 cases filed beyond earlier 1900 cases in District Court, Bharuch which are filed subsequently and in which, no notices are issued. Therefore, their disposal shall not be governed by present order. (v) As agreed upon and submitted with broad consensus that in view of this peculiar circumstance, the present stand of respondent authority may not be treated as precedent in any other cases and since there is no resistance on the part of petitioners, the Court deems it proper to observe that this disposal of the proceeding is in peculiar background of facts and not to be treated as precedent for any future claim of right of user. (vi) It is also observed that since the proposal dated 09.02.2022 of the petitioners has been settled and accepted in substance to a substantial extent and as this payment of compensation is considered as sufficient compliance of compensation, we see no reason to observe that there is willful disobedience of an order passed by this Court in the main petition and as such we deem it proper to drop the present proceedings. Notice is discharged.