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2025 Supreme(Guj) 1377
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N. RAY, J.
Manubhai Sendhabhai Bharwad & Anr. – Petitioner
Versus
Oil And Natural Gas Corporation Limited & Ors. – Respondents
R/Special Civil Application No. 9804 of 2023 With Civil Application (For Stay) No. 1 of 2023 In R/Special Civil Application No. 9804 of 2023
Decided On : 15-07-2025
For the Petitioner: Bansi M. Karia.
For the Respondents: Mr Ajay R. Mehta.
Prolonged temporary acquisition of land infringes property rights under Article 300A, necessitating timely permanent acquisition and fair rent assessments to align with judicial directives.
Headnote:(A) Constitutional Law - Article 300A - Land Acquisition Act, 1894 - Temporary acquisition of land for oil exploration - Long duration of temporary acquisition without permanent acquisition being arbitrary and infringing landowners' rights. (Paras 7, 14)
(B) Procedural duties of respondents in land acquisition - ONGC's failure to comply with judgments affirming timely acquisition and rent determination speaks to contempt and unauthorized occupation, necessitating damages assessment. (Paras 11, 14)
Facts of the case:
The petitioners challenged ONGC's temporary acquisition of their land initiated in 1996, negotiating for timely rent and acquisition procedures, citing past rulings that directed completion of proceedings.
Findings of Court:
ONGC's delayed compliance with the land acquisition process and rent determination necessitated damages assessment, with directions for the Collector to compute rent for unauthorized occupation.
Issues: The core issues involved the legality of prolonged temporary acquisition and the accountability of ONGC in rent determination as per previous court directives.
Ratio Decidendi: Prolonged temporary acquisition over decades is deemed unreasonable affecting property rights, necessitating timely acquisition procedures and fair rent assessments to comply with judicial orders.
Result: ONGC is to bear damages for unauthorized land occupation and required to correctly assess and pay due rents.
| Table of Content |
|---|
| 1. background on rent disputes and adverse possession. (Para 2 , 3 , 4) |
| 2. revocation of acquisition proceedings ordered. (Para 5 , 6 , 11) |
| 3. observations on ongc's obligations and breaches. (Para 8 , 9 , 10) |
| 4. liability for unauthorized occupation and damages. (Para 12 , 13 , 14) |
| 5. collector's role in determining due rent. (Para 15) |
ORDER :
SUNITA AGARWAL, CJ.
The present petition has been filed in the month of May, 2023 with the following prayers :-
“A.That this Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the temporary acquisition of the land of the petitioner bearing survey no. 837/1 of village Vastral Taluka Vatva District Ahmedabad admeasuring a total of 10034 square meters or any part thereof;
B.That this Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the notification Annexure W dated 30/3/2023 published by the respondents for acquisition of the land of the petitioner bearing survey no. 837/1 of village Vastral Taluka Vatva District Ahmedabad and may further be pleased to quash any further proceedings initiated by the respondents pursuant thereto;
C.That this Hon'ble Court may be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction restraining the respondents from proceedings further in the process of acquisition of the land of the petitioners bearing survey no. 837/1 of village Vastral Taluka Vatva District Ahmedabad;
D.That this Hon'ble Court may be pleased to grant a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to release the land of the petitioner bearing survey no. 837/1 of village Vastral Taluka Vatva District Ahmedabad from its acquisition and to hand over vacant and peaceful possession of the said land to the petitioners herein within a time bound period;
E.That this Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the communication dated 5/7/2022 issued by the respondent corporation confirmed that it will only pay rent at the rate of Rs. 30 per sq. meter per year only despite specific orders of this Hon'ble Court and this Hon'ble Court may further be pleased to grant a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to ascertain and pay rent pending release of the land of the petitioners as per the guidelines and observations give in the order dated 26/4/2022 passed by this Hon'ble Court in Special Civil Application No. 9258 of 2021;
F.That this Hon'ble Court may be pleased to grant a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to assess the loss and damage caused to the petitioners and to initiate the procedure of compensating the petitioners the cost of restoring the land back to its original position and also the damages and loss suffered by him due to the illegal actions of the respondents.
G.That pending hearing and final disposal of the present petition, this Hon'ble Court may be pleased to stay the execution, implementation and effect of the notification of issued by the respondents at Annexure W issued in purported exercise of power under Section 11 of the Act for the land of the petitioner and may further be pleased to restrain the respondents from proceedings further with the process of acquisition of the land of the petitioners bearing survey no. 837/1 of village Vastral Taluka Vatva District Ahmedabad.”
2. In the writ petition itself, the petitioners have come out with the case that the respondent ONGC had refused to revise the rent, which is in its occupa
