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2016 Supreme(Guj) 388

AKIL ABDUL HAMID KURESHI, Z.K.SAIYED
Kanubhai Babubhai Punjiram Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Saurabh Soparkar, Sr. Adv. and Dhaval M. Barot, Advocate
For the Respondents: M.L. Sha, Government Pleader

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These petitions arise in similar background. All the petitioners are owners of agriculture lands situated in village Mansa and nearby villages. Their lands have been occupied by ONGC since several years for the purpose of oil exploration and extraction under different agreements/understandings. The land owners receive rent from ONGC. These petitioners, however, contend that the ONGC cannot occupy their lands indefinitely without acquisition.

2. Necessary facts may be noted from Special Civil Application No. 7993 of 2015. Different petitioners own different parcels of land in Mansa which the ONGC required for oil exploration. The ONGC, therefore, entered into an agreement dated 22.08.2007 titled as "Possession Receipt and Agreement". Under such agreement, the land owners handed over possession of the lands to ONGC. The agreement provided that the ONGC would enjoy the possession and continue to remain in possession until land acquisition proceedings of the land under the Land Acquisition Act are completed or till ONGC itself returns the land back to the owners. It was further provided that the rent shall be determined through the competent Reve






















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