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Ambalal Babulal Patel Etc. Versus The Group General Manager, ONGC & Another [2022]

By Shivendra Pratap Singh
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Ambalal Babulal Patel Etc.  Versus The Group General Manager,  Ongc & Anr. [2022] Civil Appeal No(S).  385­386    Of 2022 (Arising Out Of Slp(Civil) No(S).7086­7087 Of 2017)

Order

1. Leave granted 

2. The appellants are the claimants and being dissatisfied with the amount of compensation awarded by the Division Bench of the High Court under the impugned judgment, have approached this Court by filing these instant appeals.  

3. The   subject   lands   in   question   are   situated   at   Villages Pansar, Dhamasana and Isand which came to be acquired under the   provisions   of   the   Land   Acquisition   Act,   1894   (hereinafter being referred to as the “Act”) for the public purpose for ONGC. The notification under Section 4 of the Act came to be published and after going through the procedure prescribed under law, the Special Land Acquisition Officer awarded compensation under Section 11 of the Act.  

4. Upon reference being made by the appellants­claimants in respect   of   the   lands   acquired   at   Villages Pansar/Dhamasana/Isand,   the   Reference   Court   awarded additional   compensation,   over   and   above   the   compensation awarded   by   the   Special   Land   Acquisition   Officer,   ONGC, Ahmedabad, under its respective orders along with interest and other statutory benefits under Section 23(1)(A) of the Act.  

5. The   orders   passed   by   the   Reference   Court   came   to   be challenged by respondent no.1 (ONGC) before the High Court and after hearing the parties, the High Court under its respective impugned   judgments,   while   upholding   the   statutory   benefits including   interest,   modified   the   rate   of   compensation   and reduced the additional compensation for the land acquired at Villages   Pansar/Dhamasana/Isand,   Taluka   Kalol,   District Gandhinagar, which is the subject matter of challenge at the instance   of   the   appellants­claimants   in   the   present   batch   of appeals. 

6. After we have heard learned counsel for the parties, in our considered view, the Reference Court in exercise of its power under   Section   18   of   the   Act,   after   appreciating   the   material available   on   record,   awarded   additional   compensation   to   the claimants   over   and   above   the   compensation   awarded   by   the Special   Land   Acquisition   Officer,   ONGC,   Ahmedabad   and   the interference   made   by   the   High   Court   under   the   impugned judgment so far as the additional compensation assessed by the Reference   Court   is   concerned,   is   neither   supported   by   the material on record nor sustainable in law. 

7. Consequently,   additional   compensation   awarded   by   the Reference Court in the respective orders stands restored.   The impugned judgment of the High Court, to the limited extent is accordingly modified. 

8. The appeals in the above terms stand disposed of. 

9. Pending application(s), if any, shall also stand disposed of.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer at the High Court Lucknow. Expertise in Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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