SCA/15714/2004 1/11 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 15714 of 2004 To SPECIAL CIVIL APPLICATION No. 15721 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= GENERAL MANAGER,OIL & NATURAL GAS CORPORATION LTD - Petitioner(s) Versus SPECIAL LAND ACQUISITION OFFICER & 1 - Respondent(s) ========================================================= Appearance : MR RR MARSHALL for Petitioner(s) : 1, MR. HEMANG PARIKH ASSIT. GOVERNMENT PLEADER for Respondent(s) : 1, RULE SERVED for Respondent(s) : 1 - 2. ========================================================= SCA/15714/2004 2/11 JUDGMENT CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 23/07/2008 COMMON ORAL JUDGMENT 1. As common question of law and facts arise in these group of petitions and they arise out of common order passed by the Executing Court, they are being disposed of by this common judgment and order. 2. Though, served nobody appeared on behalf of the respondent No.2 original claimant. Hence, the present petitions are ex-parte against the respondent No.2 in each of the petitions. Shri Hemang Parikh, learned AGP appeared on behalf of the respondent No.1 in each of the petition i.e. Special Land Acquisition Officer. 3. By way of this petition under Article 227 of the Constitution of India, the petitioner-original opponent No. 2 General Manager, O.N.G.C. has prayed for an appropriate writ, direction and /or order quashing and setting aside the common order passed by SCA/15714/2004 3/11 JUDGMENT the learned Executing Court i.e. learned Joint District Judge, Fast Track Court No.3, Bharuch dated 7.10.2004 below Exh. 1 in Execution Petition Nos. 23 of 2003 to 30 to 2003, whereby the petitioner-ONGC is ordered to give Bank guarantee of Rs. 10 lakhs and the Chief Manager ( P & A) ONGC, Ankleshwar and others responsible officers and the Accountant are ordered to give undertaking to the Executing Court and part of the order whereby the responsible officer of ONGC is required to give necessary directions to the officers of ONGC and part of the order whereby the costs are awarded. 4. Petitioner Corporation had acquired the lands of the respondent No. 2 original lands owner under the provisions of the Land Acquisition Act for public purpose. Award was declared by the Land Acquisition Officer determining the compensation. Original claimants were not satisfied with the amount of compensation awarded by the Land Acquisition Officer and, therefore, Reference Applications were submitted which were sent to the Reference Court, which were SCA/15714/2004 4/11 JUDGMENT numbered as Land Reference Cases Nos. 15 of 1994 to 23 of 1994. The learned Joint Civil Judge (S.D.), Bharuch partly allowed the said reference awarding compensation at Rs. 25/- per square with interest from the date of taking possession of the land by the ONGC i.e. 11.12.1989. That, thereafter respective claimants filed Execution Petition Nos. 23 of 2003 to 30 of 2003 before the learned Additional District Judge, Fast Track Court No. 3, Bharuch and the original claimants submitted the calculation. It appears that according to the ONGC petitioner herein the amount was to be calculated and paid from the date of the award of the said Land Acquisition Officer i.e. 29.6.1993 and not from the date of the taking possession since ONGC had acquired land by private negotiation temporarily on rental basis and accordingly rent was paid for that period and on such a calculation ONGC paid rent to the claimant, which was received by them under protest. Therefore, ONGC filed Review Application before the Reference Court for correction in the judgment and award so that it may be read from the date of the judgment instead of SCA/15714/2004 5/11 JUDGMENT taking possession of the land for payment of compensation, the said applications were pending for hearing and final disposal. Inspite of the above, the claimants insisted for further proceedings with the Execution petition. The aforesaid facts were brought to the notice of the Executing Court and Executing Court vide its order dated 13.8.2004, staying the execution proceedings till the decision of the review application was arrived at. However, the Court directed the petitioner-ONGC to produce the Bank guarantee of Rs. 10 lacs and further Chief Manager (P & A) ONGC and other responsible officer and the Accountant were ordered to give undertaking to the Court that after the decision of the review petition , ONGC will pay remaining amount immediately in the Court, without fail and if the said amount is not paid, the officers would be liable for the same and even in the civil jail as provided in the Code of Civil Procedure. After the said order was pronounced, the petitioner filed application for removing such objectionable part of the aforesaid order. The Executing Court passed order below Exh. 1 in the SCA/15714/2004 6/11 JUDGMENT Execution Petition No. 23 of 2003 to 30 of 2003 again ordering ONGC to produce bank guarantee of Rs. 10 lacs and also directing Chief Manager, ONGC and other responsible officer to give an undertaking to the Court that after 30.6. 2005 or after the decision of the Review petition whichever is earlier, ONGC will pay remaining amount immediately in the Court without fail and if the amount is not paid immediately, then the officers would be liable for the same and even in Civil jail as provided in the Code of Civil Procedure and further giving a generalized direction that the responsible officer of ONGC to give necessary directions to the officers of ONGC that they shall take proper defence in Land Reference Cases and further directing cost of Rs. 500/- for each Execution Petition. Being aggrieved and dissatisfied with the aforesaid direction dated 7.10.2004 passed in Execution Petition Nos. 23 of 2003 to 30 of 2003 passed by the Additional District Judge, Fast Track Court No. 3, Bharuch below Exh. 1, the petitioner-ONGC through its General Manager has preferred present Special Civil Applications under SCA/15714/2004 7/11 JUDGMENT Article 227 of the Constitution of India. 5. Shri R.R. Marshall, learned advocate appearing for the petitioner has submitted that the directions issued by the learned Executing Court below Exh. 1 dated 7.10.2004 passed in Execution Petition Nos. 23 of 2003 to 30 of 2003 are absolutely unwarranted and even some of the directions are beyond the scope of the Executing Court. It is submitted that to direct the Officers to give personal undertaking that whatever be the decision in the review petition they will abide by the same, if the same is not complied with then they will be held personal responsible, could not have been passed by learned Executing Court. It is submitted that, even otherwise, ONGC is bound to comply with an act as per the final decision in the review application for which personal undertaking of the officers of the ONGC was not required. It is further submitted that even imposing the cost of Rs. 500/- for each execution petition is also arbitrary and was not warranted. Therefore, it is requested to allow the present Special Civil Applications. SCA/15714/2004 8/11 JUDGMENT 6. Shri Parikh, learned AGP has requested to pass appropriate order. As stated above, though served nobody appeared on behalf of the respondent No.2. Hence, present Special Civil Application are ex-parte against the respondent No.2. 7. Having heard the learned advocate Shri R.R. Marshal for the petitioner and Shri Parikh, learned AGP for the Special Land Acquisition Officer and having considered the impugned order passed by the learned Executing Court dated 7.10.2004, it appears to the Court that the directions issued by the learned Executing Court are absolutely unwarranted and as such beyond the scope and ambit of the Executing Court. It is required to be noted that substantive review applications against the impugned judgment and award passed by the learned Reference Court, which was sought to be executed in Execution Petition, were pending before the Reference Court and the same were admitted. Now, during the pendency of those review petitions in the Execution Petition SCA/15714/2004 9/11 JUDGMENT while staying the further proceedings of the Execution Petition, the learned Executing Court has issued certain directions i.e. (i) directing the O.N.G.C. to give bank guarantee of Rs. 10 lacs (ii) directing the Chief Manager O.N.G.C. and other responsible officer and the accountant to give personal undertaking to the Court that in case the claimant succeeded, O.N.G.C. would definitely paid the amount (iii) responsible officer of the O.N.G.C. to issue necessary direction to the officer of the O.N.G.C. that they will properly defend the land acquisition cases. All these conditions/ directions are absolutely unwarranted and beyond the scope of Executing Court. Executing Court has no jurisdiction to issue direction directing the responsible officer of the O.N.G.C. to issue necessary direction to the officer of the O.N.G.C. that they shall defend the land acquisition cases properly. Even to direct the Chief Manager ( P & A) ONGC, Ankleshwar and others responsible officers and the Accountant to give personal undertaking to the Executing Court is also absolutely unwarranted, without jurisdiction and SCA/15714/2004 10/11 JUDGMENT arbitrary. The learned Executing Court ought to have appreciated that if any decision is given adverse to the O.N.G.C., O.N.G.C. is bound to comply with the same, however so far as the personal undertaking by the officer is concerned, the same is not expected. Under the circumstances, impugned direction issued by the learned Executing Court below Exh. 1 in Execution Petition Nos. 23 of 2003 to 30 to 2003 dated 7.10.2004 requires to be quashed and set aside. 8. For the reasons stated above, all these petitions succeed. That part of the order dated 7.10.2004 passed by the learned Joint District Judge, Fast Track Court No.3, Bharuch dated 7.10.2004 below Exh. 1 in Execution Petition Nos. 23 of 2003 to 30 to 2003, whereby the petitioner-ONGC is ordered to give Bank guarantee of Rs. 10 lakhs and the Chief Manager ( P & A) ONGC, Ankleshwar and others responsible officers and the Accountant are ordered to give undertaking to the Executing Court and that part of the order whereby the responsible officer of ONGC is directed to give necessary directions to the officers SCA/15714/2004 11/11 JUDGMENT of ONGC and that part of the order whereby the costs are awarded is hereby quashed and set aside. Rule is made absolute in each of the petitions. In the facts and circumstances of the case, there shall be no order as to cost. (M.R.SHAH, J.) kaushik