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FA/318520/2004 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3185 of 2004
To
FIRST
APPEAL No. 3192 of 2004
With
CROSS
OBJECTION (STAMP NUMBER) No. 4 of 2005
In
FIRST APPEAL No. 3185 of 2004
To
CROSS
OBJECTION (STAMP NUMBER) No. 11 of 2005
In
FIRST APPEAL No. 3192 of 2004
=========================================================
GENERAL
MANAGER,OIL & NATURAL GAS CORP.LTD. - Appellant(s)
Versus
NARSANGBHAI
MANORBHAI & 3 - Defendant(s)
=========================================================
Appearance
:
MR
RR MARSHALL for
Appellant(s) : 1,
MR AV PRAJAPATI for Defendant(s) : 1 -
3.
GOVERNMENT PLEADER for Defendant(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/06/2009
ORAL
ORDER
Heard
learned Senior Advocate Mr. RR Marshall for appellant, learned
Advocate Mr. AV Prajapati for respondents no.1 to 3 and learned AGP
Mr. Janak Raval for respondent no.4.
In
this group of appeals, appellant General Manager, ONGC Ltd. has
challenged award made by reference court, Bharuch in Land Reference
Case No. 2716 of 1981 to 2723 of 1998 in respect of land acquisition
case no. 48 of 1994 Exh. 41 dated 7th May, 2004 wherein
reference court has awarded Rs.30.00 being market price per square
meter being compensation in favour of claimants.
Learned
Advocate Mr. Prajapati for respondents claimants submitted that the
lands of claimants situated in village Denva Taluka Amod District
Bharuch. He submitted that in respect of village Denva, other group
of appeals filed by ONGC Ltd. before this court being first appeal
no. 2639 of 2004 to 2652 of 2004 with cross objection (stamp) No.
131 to 144 of 2004 have been decided by Division Bench of this Court
on 4th July, 2007 wherein award of reference court has
been confirmed by division bench of this court awarding
compensation to claimants at the rate of Rs.33.00 per square meter
in respect of same village Denva and cross objections filed therein
were therefore withdrawn by claimants, therefore, present appeals
are required to be dismissed.
Therefore,
considering award impugned in this group of appeals and also
considering award in respect of same village made by reference
court and confirmed by Division Bench of this Court in aforesaid
group of appeals on 4.7.2007, for the reasons recorded by
Division Bench of this Court in aforesaid group of appeals, these
appeals are also required to be dismissed. Accordingly, same are
dismissed. Cross Objection (Stamp Number) NO.4 to 11 of 2005 are
also dismissed on the ground of non payment of court fees as well
as the orders passed by this Court in main matters. Registry of this
Court is directed to keep copy of order passed in first appeal no.
2639 of 2004 to 2652 of 2004 with cross objection (stamp) No. 131 to
144 of 2004 decided by Division Bench of this Court on 4th
July, 2007 along with this order in the main matter. Since first
appeals are dismissed, claimants are entitled for amount of
compensation deposited by appellant corporation. Therefore,
appellant is directed to deposit amount of compensation as directed
by reference court before reference court immediately if it has not
been deposited so far by appellant before reference court and,
thereafter reference court concerned is directed to pay same to
respective claimants covered by award by way of an account payee
cheque drawn in their favour after proper verification without any
delay.
(H.K.
Rathod,J.)
Vyas
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