Gujarat High Court
Judgename :C.K.BUCH
INDIAN OIL CORPORATION LTD, AHMEDABAD OFFICE - Appellant
Versus
PATEL KISHORBHAI PUNJIRAM - Respondent
S.C.A. 15947 of 2004
Decided On : 02/25/2005
Indian Oil Corporation – Petitions filed by original land owners – Petitions arise out of a common order passed by this Court in First Appeal – Appreciate petitioners necessary to state facts in brief leading to present petition – Petitioner-IOC for purpose of establishment of a storage depot of its petroleum product requested Government of Gujarat to acquire certain parcels of land ultimately State Government for acquiring land issued notification under Section 4 and 6 of Land Acquisition Act – Notification under Section 4 of said Act was issued on 26th April, 1989 and notification under Section 6 of said Act was issued on 18th July, 1989 – Possession of land undisputedly was taken over on or about day on Section 4 of notification came to be published – Held, Land Acquisition Act is nothing but a money decree and this amount is to be paid to a land-loser compelled to give up his title and possession of land against his will and wish – Amount is nothing but a solace given in addition to market value of land decided by statutory authority and not by real owner of land – Case of Division Bench of this Court observed as under certainly found place in judgment – Considered all three operative orders in present case award drawn by Land Acquisition Officer order of reference court determining market value afresh on strength of evidence led before it last order in first appeal appellate court decided that each claimant is entitled to additional amount over and amount awarded by Land Acquisition Officer – Petition is dismissed.
( 1 ) AT the request of the learned counsel appearing for the parties, and on their consent the present group of petitions are taken up for final disposal at the admission stage.
( 2 ) HEARD the learned Senior Counsel, Mr K. S. Nanavati, for Nanavati Associates on behalf of the petitioners and Mr A. J. Patel, learned Senior Advocate, for the respondent in each of the petitions.
( 3 ) THE petitioner-Indian Oil Corporation Limited (hereinafter referred to as "ioc") has moved this group of petitions under Article 227 of the Constitution and has challenged the order dated 9th November 2004 passed by the learned Assistant Judge, Mehsana, below application exh. 1 in Execution Petitions filed by the original land owners. These petitions arise out of a common order passed by this Court in First Appeal Nos. 3415 of 2000 to 3458 of 2000.
( 4 ) TO appreciate the say of the petitioners, it is necessary to state the facts in brief leading to the present petition. The petitioner-IOC, for the purpose of establishment of a storage depot of its petroleum product, requested the Government of Gujarat to acquire certain parcels of land admeasuring 2,92,294 sq. meters in village Rajpur, Taluka Sidhpur, and ultimately the State Government for acquiring the land issued the notification under Section 4 and 6 of the Land Acquisition Act. The notification under Section 4 of the said Act was issued on 26th April, 1989 and the notification under Section 6 of the said Act was issued on 18th July, 1989. The possession of the land undisputedly was taken over on or about 4th April, 1989, the day on which Section 4 of the notification came to be published. After following the due procedure of law the Special Land Acquisition Officer passed the award under Section 11 of the Act on 4th January, 1993 and awarded compensation to the original land owners at the rate of Rs. 8. 73 per sq. meter for the land located near the State Highway and at the rate of Rs. 8 per sq. meter in respect of other lands, which were having approach road from the main road. Some land owners are awarded the compensation at the rate of Rs. 7. 25 ps. per sq. meter and the land owners having no such entrance have been compensated at the rate of Rs. 7 and Rs. 6 per sq. meter. As per the scheme of the statute i. e. Land Acquisition Act, the Land Acquisition Officer awarded solatium, additional compensation and interest on the said amount to the land losers. The petitioner-company, ultimately, in the capacity of acquiring body deposited the entire amount as per the award drawn by the Land Acquisition Officer.
( 5 ) ACCORDING to Special Land Acquisition Officer the amount of compensation is paid determining the market value of the land as observed and contended in the award under Section 11 of the Act. But, as the land losers were not satisfied with the decision of the Land Acquisition Officer qua market value of the land, which was acquired, they have filed 44 different reference cases and ultimately the reference cases came to be transferred to the Court of the District Judge, Mehsana, and all these reference cases came to be decided by the Assistant Judge, Mehsana, by a common judgment and order on 29th February 2000. The learned Assistant Judge held that the market value determined by the Land Acquisition Officer is inadequate and he fixed the market value of the land acquired at the rate of Rs. 70 per sq. meter for the land adjoining the National Highway and Rs. 65 per sq. meter for the remaining parcel of land. The opponents, including the IOC, was directed to pay compensation under Section 23 (1a) of the Land Acquisition Act along with solatium and interest. The IOC aggrieved and dissatisfied with the market value determined by the Assistant Judge, Mehsana, in spite of judgment and award passed by the Reference Court preferred 44 different first appeal before this Court. All these appeals came to be registered as First Appeals Nos. 3415 to 3458 of 2000. After hearing all 3
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