The court established that consent awards under land acquisition laws are binding and cannot be altered without mutual consent, emphasizing the importance of statutory interest on unpaid compensation.

JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. In this group of petitions, Special Civil Application No. 3384 of 2020 has been filed by the land holders for the relief that they be awarded compensation as per the Supplementary Award dated 08.05.2019 passed by the Special Land Acquisition Officer, ONGC under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The connected Special Civil Application No. 6749 of 2020 has been filed by the ONGC, the acquiring body, to challenge the validity of the Government Resolution dated 04.04.2018 and 11.09.2018 with the assertion that the said resolutions are ultra vires the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further challenge is to the Award dated 14.08.2018 passed by the respondent no.2, viz. the Special Land Acquisition Officer, ONGC, as also the Supplementary Award dated 08.05.2019 on the plea of being unreasonable, unconstitutional and illegal.

3. The facts relevant to decide the controversy at hand are that a consent term dated 11.01.2017 was entered into between the parties, viz. ONGC and the land holders. A Consent Award dated 14.08.2018 under Section 23A of the Gujarat Amendment Act, 2016 was published on 20.09.2018. As per the statement made in the Writ petition filed by the ONGC, it is an admitted fact of the matter that the land holders have been paid compensation under the Consent Award dated 14.08.2018 published on 20.09.2018.

4. It is stated in paragraph 4.5' of the Writ petition filed by the ONGC that in view of the communication dated 20.09.2018 received from the Special Land Acquisition Officer, ONGC, the Corporation had deposited the remaining amount of 20% as per the Consent Award dated 14.08.2018 vide letter dated 23.10.2018. However, on 05.07.2019, the Corporation (ONGC) had received a letter from the office of the Additional District Collector, Mehsana and again on 08.07.2019, a letter was received from the office of the Collector, Mehsana asking the ONGC to give consent for payment of additional amount of Rs. 4,20,97,374/-, for making the supplementary award on the ground that the land owners have demanded additional compensation as per the resolution dated 11.09.2018 passed by the Revenue Department, Government of Gujarat.

5. In response thereto, the communications dated 22.10.2019 and 22.11.2019 were sent to the Collector, Mehsana stating that the Corporation (ONGC) is not liable to pay any additional amount of compensation towards the market value demanded by the land holders, determined by the Special Land Acquisition Officer, as per the Government Resolution dated 11.09.2018. However, vide letter dated 23.12.2019, the Corporation has been served with the impugned Supplementary Award dated 08.05.2019 whereunder, additional compensation as per the Government Resolution dated 11.09.2019 was directed to be paid by the ONGC to the land holders.

6. It was vehemently argued by the Mr. Mihir Joshi, learned Senior counsel for the ONGC that the Special Land Acquisition Officer was denuded of the power to amend the Award dated 14.08.2018, which was essentially a consent award by applying the Government Resolution dated 11.09.2018, and the claim of the land holders was nothing but an afterthought. The attention of the Court is invited to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017 to assert with the aid of Rule 9 contained in Chapter-III that the consent once given in the manner prescribed in Form VI before the competent officer, cannot be withdrawn by the land holders.

7. With the aid of Rule 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017 (for short "Gujarat Rules, 2017"), it is submitted by the learned Senior