{"id":11958,"date":"2001-06-12T00:00:00","date_gmt":"2001-06-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/general-manager-ongc-ltd-vs-special-land-acquisition-officer-on-12-june-2001"},"modified":"2018-02-03T08:54:10","modified_gmt":"2018-02-03T03:24:10","slug":"general-manager-ongc-ltd-vs-special-land-acquisition-officer-on-12-june-2001","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/general-manager-ongc-ltd-vs-special-land-acquisition-officer-on-12-june-2001","title":{"rendered":"General Manager Ongc Ltd. vs Special Land Acquisition Officer on 12 June, 2001"},"content":{"rendered":"
Gujarat High Court<\/div>\n
General Manager Ongc Ltd. vs Special Land Acquisition Officer on 12 June, 2001<\/div>\n
Author: J Bhatt<\/div>\n
Bench: J Bhatt, J Vora<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
 J.N. Bhatt, J. <\/p>\n
 1. In  this  group  of seven appeals, at the instance of the appellant, Oil and Natural Gas Corporation Ltd (ONGC  for short),  under  section  54  of the Land Acquisition Act, 1894 (Act), the challenge is against the common  judgment and  award  dated  7th  October,  1999,  recorded  by the learned Assistant Judge,  Mehsana,  in  Land  Acquisition Case Nos.1510\/95  to  1516\/95. Since, common questions have been involved in this group  of  appeals,  they  are being disposed of by this common judgment.\n<\/p>\n
  2. Respondent  No.1,  Special  Land Acquisition Officer, Mehsana,  passed  award  under  section  11 of the Act on 16.11.94 in  Land  Acquisition Case No.2\/91. The notification  under  section  4(1)  of the Act came to be published on  15.9.92,  followed  by  notification  under section  6(1)  of  the Act on 31.3.93, for the purpose of acquisition  of  the  land  situated  in  village  Ijpura Jotana, Tal:  Mehsana, Dist:  Mehsana, for the benefit of the appellant, ONGC.\n<\/p>\n
  3. Respondent  No.1,  Land  Acquisition  Officer, offered an amount of Rs.2.10 per sq.  mtr.  to  the  owners  of  the land covered under the said notification, for the purpose of acquisition.  The claimants, who are the owners of the land,  being  aggrieved by the said award made references under section 18 of the Act on 12.12.94 to the  Collector of Mehsana,  claiming  an  amount of Rs.30 per sq.  mtr., who, made reference to the  District  Court,  Mehsana  on 7.8.95. Seven references, at the instance of the owners of the land, were consolidated and  common  evidence  was led,  followed  by  common award in Land Acquisition Case Nos.1510\/95 to 1516\/95.  Before the reference  Court,  on behalf  of  the  claimants-owners, reliance was placed on the evidence of witness Lalji Gova Desai. They,  also, placed,  reliance  on three awards of the District Court, Mehsana, which, also, passed the  award  under  challenge before us. No  evidence  oral  or documentary, was led either by the respondent No.1, Land  Acquisition  Officer or the acquiring body ONGC before the reference Court.\n<\/p>\n
  4. Upon  assessment  of the evidence, essentially, consisted of the testimony of common witness Lalji Desai, the  sole witness and the three awards, the reference Court allowed the references and awarded Rs.15 per sq.  mtr.  by way of additional amount  of compensation.  The Land Acquisition Officer had assessed and had offered Rs.2.10 ps.  per sq. mtr.  Therefore, the reference Court found the  claimants entitled  to  get market price of their acquired lands at the rate of Rs.17.10 ps.  per sq.  mtr., as  compensation under  section  20(1)(a) and solatium under section 23(2) of the Act with interest on the market price of  acquired lands at the rate of 9% per annum from the date of taking over  possession till one year and thereafter at the rate of 15 per cent till realisation from the date of award or from the date of taking possession, whichever is  earlier in  time,  by passing the common judgment recorded on 7th October, 1999, which is assailed by the  acquiring  body, ONGC,  before  us,  in this group of seven appeals, under section 54 of the Act.\n<\/p>\n
  5. We have, dispassionately,  heard  the  learned  advocates appearing for  the  parties.  We have, also, examined the evidence of Lalji Gova Desai and the three awards  relied on by  the  reference  Court.  The entire record was made available to us, by the learned advocates  appearing  for the parties,  during  the  course  of  hearing.  We were, also, taken through the relevant provisions of  the  Act, as  well as the case law, to which reference will be made later on, as and when required during the course  of  the judgment.\n<\/p>\n
  6. Learned advocate,  Mr  Mehta,  while  appearing  for  the appellant,  in  this  group  of  appeals, has raised the, only,  contention  that  it  is  the  obligation  of  the claimants  to dislodge the amount offered and assessed by the Land Acquisition Officer in respect of  the  acquired land  before  the  reference  Court when the reference is made under section 18 of  the  Act. He  has,  further, stated,  vehemently,  that  the  claimants have failed to discharge  such  an  obligation and, therefore, the additional amount of  Rs.15 per sq.  mtr.  awarded by the reference Court in relation to the acquired land  to  the claimants, is illegal and unreasonable and deserves to be quashed,  restoring  the  offer or assessment made by the Land Acquisition Officer at the rate of Rs.2.10  per  sq. mtr. In  support  of  this  contention,  he  has, also, submitted that the sale instances referred  by  the  Land Acquisition  Officer  should  not  have been straightaway discarded, while accepting the  documentary  evidence  in the  nature  of  three  awards, whereas, learned advocate Mr. Patel while appearing for the respondent No.2, in this group of appeals, has submitted that  the  assessment  of market  value  made  by the reference Court is quite just and reasonable, requiring no interference.\n<\/p>\n
  7. Following aspects, which have emerged unquestionably from the  record  of  the present case, may be highlighted, at first:\n<\/p>\n
  1. The parcel  of the land acquired are situated  in  village  Ijpura,  which is about 4 k.m. away from  village Chalasana.\n<\/p>\n
  2. Acquired  lands  are  irrigated and the owners of  the lands were taking three crops per year before  acquisition.\n<\/p>\n
  3. Village Santhal, Khadalpur, Kasalpura and Modipur  are adjoining villages to Ijpura village.\n<\/p>\n
  4. The  sales  instances  relied  on  by  the Land  Acquisition  Officer  are not produced before the  reference Court.\n<\/p>\n
  5. The  respondent, Land Acquisition Officer and the  acquiring authority have not examined any witness  nor they have produced any documentary evidence.\n<\/p>\n
  6. Ex.14  is  the testimony of Lalji Gova Desai, who  is one  of  the  claimants. He has clearly  testified that the claimants were doing  agricultural operations in the acquired lands and  they were taking three crops in a year because of  irrigation  facility  and  the crops included  Arenda, Mung, chilly, Millet (Bajri), etc.  <\/p>\n
  8. The  award passed by the Mehsana District Court, produced at Ex.15, is in respect of acquisition of  land  situated in village Santhal. It pertained to L.A.R.  No.1348\/92 to 1349\/92.  Those parcels of lands  were  also  acquired for  the  purpose of ONGC by virtue of notification dated 6.1.87 under section 4(1) of the  Act  and  the  District Court, Mehsana, had awarded total amount of Rs.10 per sq. mtr. It is clear from the testimony of Lalji Desai, the only witness, who has stepped in the  witness  box,  that too, on behalf of the original claimants, that the parcel of  land covered under the said acquisition was belonging to one Ramanbhai whose field is about 3 to 4 fields  away from his  acquired  land.  It may be recalled even at the cost of repetition that notification under section  4  of the  Act,  in the present group of cases was published on 15.9.92.  It is, also, clear from the evidence that Ex.16 is the award of Mehsana  District  Court  in  respect  of acquisition of certain parcel of land situated in village Chalasana  of  Mehsana  District and it pertained to land acquisition  reference  Nos.1108\/90 to 1118\/90 and, incidentally, it was also for the purpose of ONGC and the notification  therein under section 4(1) was published on 31.7.86 and the District Court had awarded  total  amount of Rs.10 per sq.  mtr.  covered under the said award.\n<\/p>\n
  9. Our  attention  is,  also,  drawn to the judgment of this Court upholding  and  confirming  the  award,  at  Ex.16, produced  at Ex.17 and rendered in First Appeals No.46\/96 to 56\/96.  Thus the appeals, at  the  instance  of  ONGC, against  the  award, as at Ex.16, came to be dismissed by the Division Bench of this Court on 15.4.96.  It will be, also, interesting, at this stage, to refer to the  award, which  is  relied on by the reference court and produced, at Ex.18, in which reference is  to  the  acquisition  of land situated  in  village Mathasur, Tal:  Kadi, District Mehsana.  Award, Ex.18, arise out of the land acquisition reference No.34\/86 and the purpose of acquisition was for the construction of Suraj-Nandasan road.  In  that  case, notification  under section 4(1) of the Act was published on 26.6.82.  The award was passed by the Mehsana District Court in which the total amount of Rs.21 per  sq. mtr. came to  be  awarded.  Notification under section 4(1) of the Act in that case was as early as in 1982  whereas  in the  present  case,  the date of notification is 15.9.92, more than after a decade.\n<\/p>\n
  10. It may, also, be stated at this juncture, that the  lands acquired,  in  the  present  cases,  were  irrigated  and fertile  and  the  additional  amount  awarded by the reference Court is Rs.15 per sq.  mtr.  The lands covered under the aforesaid three awards, which have been, relied on by the reference Court were, also, agricultural lands. Reference  Court  has,  also, considered the nature, type and utility of  the  lands  acquired. The  documentary evidence  produced at Ex.19 to 25 are certified copies of village form No.7 to 12 of the claimants.\n<\/p>\n
  11. The  reference  of  sale  instances  made  by  the Land Acquisition  Officer,  in  his  assessment  or  offer  of Rs. 2.10 per sq.  mtr.  had not been produced  before  the reference Court. Obviously,  therefore, that could not form part of documentary evidence upon which reliance  or evaluation could be made for the purpose of assessing the market  value  of  the  lands  acquired  in this group of matters.  Mere reference of some of the sale instances in award by the Land Acquisition Officer without placing the material or documents before the  reference  Court  would not  be, in any way, useful and expedient for the purpose of evaluation and assessment of the  market  value,  more so, when the documentary evidence in the nature of awards in  respect  of  agricultural lands situated adjoining to the lands acquired under the present group of  cases  are placed on record.  The reference Court has considered all the  facts  and  circumstances  and  has, rightly, placed reliance on the awards Ex.15, 16 and 18 which had  become final. One  of the awards in which the lands came to be acquired belonged to one Ramanbhai and the said  land  is hardly  three  fields  away  from  the fields of claimant witness Lalji Desai, in which case, an  amount  of  Rs.10 per sq. mtr. was  awarded and the notification under section 4(1) of  the  Act  had  been  issued  on  6.1.87, whereas,  in  the  case  of award Ex.18, the notification under section 4(1) of  the  Act  came  to  be  issued  on 26.6.82  and  the District Court, Mehsana, the same Court which has passed the impugned awards, had  awarded  Rs.21 per sq. mtr. In  absence of any documentary evidence more reliable, it cannot be  contended  that  the  awards Ex.15,  16  and  18  coupled  with  evidence  of claimant witness Lalji Desai, Ex.14 and that too in absence of any evidence whatsoever on behalf of the original respondents and the acquired body, the assessment and  evaluation  of the  market  value  as  contemplated by the provisions of section 23 of the Act could not be said  to  be,  in  any way, unjust, unreasonable or perverse,  requiring interference of this Court, in exercise of  powers  under section 54 of the Act.\n<\/p>\n
  12. After having taken into consideration the overall picture emerging from the  record  of  the  present  case,  copy, whereof, came to be supplied to us, in course of hearing, and  in the background of the relevant proposition of law and considering the vehement submissions of  the  learned advocates  appearing for the parties, we are of the clear opinion that this group of appeals, at  the  instance  of the  acquiring body, ONGC, is meritless and deserves only and only one fate and that is  of  dismissal,  which,  we hereby do  it. The entire group of appeals is dismissed without any order as to costs.\n<\/p>\n
  13. Before  parting,  it  was pointed out that the additional amount awarded by the reference Court  to  the  claimants under  the  impugned awards has yet not been deposited or paid.  Since the matters are very old and  the  claimants are  coming  from  the middle strata of society, who are, agriculturists, the appellant ONGC is directed to deposit the amount due and payable  under  the  award  minus  the amount  deposited  or paid, with interest within a period of three months.<\/p>\n","protected":false},"excerpt":{"rendered":"
Gujarat High Court General Manager Ongc Ltd. vs Special Land Acquisition Officer on 12 June, 2001 Author: J Bhatt Bench: J Bhatt, J Vora JUDGMENT J.N. Bhatt, J. 1. In this group of seven appeals, at the instance of the appellant, Oil and Natural Gas Corporation Ltd (ONGC for short), under section 54 of the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16,8],"tags":[],"class_list":["post-11958","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"\nGeneral Manager Ongc Ltd. vs Special Land Acquisition Officer on 12 June, 2001 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/general-manager-ongc-ltd-vs-special-land-acquisition-officer-on-12-june-2001\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General Manager Ongc Ltd. vs Special Land Acquisition Officer on 12 June, 2001 - 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