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T. AMARNATH GOUD
Oil And Natural Gas Corporation Ltd. – Appellant
Versus
Bishirai Debbarma – Respondent
| Table of Content |
|---|
| 1. application filed for compensation review. (Para 1) |
| 2. claimant's business damages and compensation sought. (Para 2 , 3 , 4) |
| 3. opposition's objections on compensation validity. (Para 5 , 6) |
| 4. issues framed for determination. (Para 7) |
| 5. evidence and documents presented by claimant. (Para 8 , 9) |
| 6. examination of loss calculation methodology. (Para 10 , 11) |
| 7. court's findings on compensation assessment. (Para 12 , 13 , 15) |
| 8. market value determination as per legislation. (Para 14) |
| 9. compensation awarded and conditions for deduction. (Para 16) |
| 10. arguments on jurisdiction and limitation, dismissed. (Para 17 , 18 , 19 , 20 , 21) |
| 11. final dismissal of civil revision petition. (Para 22 , 23) |
JUDGMENT
T. Amarnath Goud, J. - This is an application under Article 227 of the Constitution of India against the judgment dated 07.05.2019 passed in Civil Misc (PMP) 23 of 2014 between Sri Bishirai Debbarma, Claimant-petitioner and the Oil and Natural Gas Corporation Limited and 3 others, whereby and whereunder the learned Additional District Judge, West Tripura, Agartala fixed compensation for damage to the business of sand quarry and earning and compensation amounting to Rs. 62,85,6
Compensation for land use under the Petroleum & Minerals Pipelines Act requires proper documentation for valuation; the absence of such documentation impacts the awarded amount.
Fair compensation must be determined under the Petroleum & Minerals Pipelines Act, with proper notice given to claimants, as established in this case.
Determination of compensation under the Petroleum and Minerals Pipelines Act must be fair and considers evidence presented, with jurisdictional objections not permissible after acceptance in previous....
when a statutory forum is created by law for redressal of grievances, a writ petition under Article 226 of the Constitution should not ordinarily be entertained ignoring the statutory prescription, m....
The availability of a statutory remedy under the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 for redressal of grievances regarding compensation for land acquisiti....
Proper evidence and justification are essential for determining compensation in land acquisition cases, particularly regarding ownership and damages for destroyed property.
Indemnity Bond is given for a purpose that if at any later point of time a dispute arises, the person receiving the amount shall indemnify the competent authority.
Point of law: Thus, we have a scenario where, on the one hand, invocation of urgency provisions under Section 17 of the Act and dispensing with the right to file objection under Section 5A of the Act....
The High Court will not entertain a writ petition if an adequate alternative remedy exists, and the reassessment of compensation under the Railways Act was upheld as valid.
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