IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 781 of 2001 to FIRST APPEALNo 793 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA and Hon'ble MR.JUSTICE J.R.VORA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- OIL & NATURAL GAS CORP.LTD. Versus SPL.LAQ OFFICER -------------------------------------------------------------- Appearance: MR AJAY R MEHTA for Appellants MR AD OZA, GP for Respondent No.1 MR JM PATEL FOR MR AJ PATEL for Respondent No. 2 -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA and MR.JUSTICE J.R.VORA Date of decision: 26/02/2001 COMMON ORAL JUDGEMENT (Per : MR.JUSTICE M.R.CALLA) 1. Admit. Issue Notice. Mr. A.D. Oza, learned G.P. and Mr. J.M. Patel for Mr. A.J. Patel appear on behalf of the respondents and accept the notice and waive the service. On the request of both the sides, the matters are taken up for final hearing right today. It is requested by both the sides that the matters are fully covered by decisions of this Court rendered in group of First Appeals Nos. 3548 to 3561 of 2000, First Appeals No. 3562 to 3575 of 2000 decided on 21.12.2000 and First Appeals No. 503 of 2001 to 514 of 2001. 2. All these 13 First Appeals are directed against the judgment and order dated 31.01.2000 passed by the Civil Judge (SD), Surat in Land Reference Cases No. 393 of 1987 to 405 of 87, Land Acquisition Case No. 393/87 being the main case. The lands of the claimants of village Bhatpore, Taluka and Sub-District Choriyasi, District Surat, were sought to be acquired at the instance of ONGC for the ONGC project, Surat. For that purpose, Notification under Sec. 4 was issued on 19.10.1982 and thereafter Notification under Sec. 6 was issued on 02.04.1983. The Land Acquisition Officer passed the Award on 21st January, 1986 determining the rate of compensation as Rs. 3.00 to Rs. 4.00 per sq. meter. The matter was taken to the Reference Court u/s 18 of the Land Acquisition Act and the Reference Court has determined the rate of compensation at Rs. 17.00 per sq. meter by granting additional compensation at the rate of Rs. 13.00 to Rs. 14.00 per sq. meter. The Reference Court has passed the impugned judgment and order on the basis of the Village Forms 7/12 Exhs. 23 to 30 and the previous Awards, Exhs. 31 to 37 concerning the same village or adjoining village. The lands of village Bhatpore had also been acquired for the same purpose for ONGC and in those cases when the matters came up before this Court in group of First Appeals No. 3548 to 3561 of 2000 and yet another group of First Appeals No. 3562 to 3575 of 2000, decided on 21st December, 2000, the Division Bench reduced the rate of compensation from Rs. 17/- to Rs. 13.50 per sq. meter. Both the sides submit that in this group of Appeals also the rate be reduced from Rs. 17.00 to Rs. 13.50 per sq. meter. Accordingly, the rate of compensation, as was determined by the Reference Court at Rs. 17/- per sq. meter is hereby reduced to Rs. 13.50 per sq. meter at which the compensation is to be paid to the claimants. The impugned judgment and order stands modified accordingly to this limited extent only. 3. All these 13 Appeals are partly allowed, as above, with no order as to costs. 4. Learned counsel for the appellants has submitted that the due amount shall be deposited within a period of three months from the date the certified copy of this judgment is served upon the concerned authority by either of the parties. (M.R. Calla, J.) (J.R. Vora, J.) p.n.nair