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2018 Supreme(Guj) 1024

AKIL KURESHI, B.N.KARIA
General Manager – Appellant
Versus
Chaudhary Mahotbhai Hirabhai – Respondent


Advocates:
Advocate Appeared:
R.R. Marshall, Rituraj M. Meena, Dhawan Jayswal, Amit C. Nanavati

JUDGMENT :

Akil Kureshi, J.

The sole ground pressed in these appeals by the appellant-ONGC is of the date from which the claimants would receive interest under Section 28 of the Land Acquisition Act, 1894 ("the Act" for short) on the enhanced compensation. No other issue is argued or pressed before us by the learned counsel for the appellant-ONGC. They, however, clarify that this concession would not bind them in any other land acquisition proceedings. In other words, question of market rate of the acquired land is kept open. We would, therefore, confine our discussion in this judgment on this single legal issue.

2. The facts necessary to decide this question are as under;

3. The appellant-ONGC, as is well known, is engaged in oil extraction and refining. This necessarily includes the activity of oil exploration. Not every exploration succeeds in yielding positive results. In other words, often times, even after initial possibility of oil being found, after prolonged efforts, the ONGC may find that oil or at any rate, sufficient supply of oil is not available and therefore, would abandon further exploration. For such purposes, the ONGC is required to occupy private lands, often times,



























































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