IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J.
Deputy General Manager Oil Natural Gas Corporation – Appellant
Versus
Vithhalbhai Umeddas Through Poa Ramanbhai Kantilal And Anr. – Respondents
R/FIRST APPEAL NO. 1139 of 2020, R/FIRST APPEAL NO. 1140 of 2020, R/FIRST APPEAL NO. 1141 of 2020, R/FIRST APPEAL NO. 1142 of 2020, R/FIRST APPEAL NO. 1144 of 2020, R/FIRST APPEAL NO. 1145 of 2020, R/FIRST APPEAL NO. 1147 of 2020
Decided On : 06-05-2026
JUDGMENT :
J. C. DOSHI, J.
1. Learned advocate Ms. Dimple Thaker appearing for the ONGC since did not agree to dispose of the captioned First Appeals in view of circular No.PRC/Lok Adalat/102013/1793/GH issued by the State of Gujarat dated 25.10.2016 and insisted for the reasoned order, with the consent of learned advocates for the respective parties, present First Appeals are taken up for final disposal today.
2. In a temporary acquisition, the learned Reference Court at Kalol in group of LAR Nos.260 of 2012 to 264 of 2012 (Original LAR Nos.607/2000 to 611/2000) keeping the lead matter being LAR No.260 of 2012, passed the judgment and award dated 30.6.2019 and ordered to pay compensation of Rs.18.15 per sq mtr per annum from the date of taking possession for the period of three years as an additional compensation over and above the compensation already awarded by the Special Land Acquisition Officer.
3. The ONGC valued the appeals for jurisdiction and Court fee purpose as per following break up.
First Appeal Nos.1139 to 1142 of 2020 (Village: Dingucha)
| FA Nos. | LAR Nos. | Measurement of acquired land (in sq mtr) | Award by SLAO (in Rs./sq mtr) | Award by Ref. Court (in Rs./sq mtr) | Addl. Commpensation (1 yr) (Rs.18.15 x area sq mtr) | Addl. Commpensation (3 yr) |
|---|---|---|---|---|---|---|
| 1139/20 | 261/12 | 1380 | 1.65/- | 18.15/- (Addl. Compensation) | 25,047/- | 75,141/- |
| 1140/20 | 260/12 | 1080 | 1.65/- | 18.15/- (Addl. Compensation) | 19,602/- | 58,806/- |
| 1141/20 | 263/12 | 5510 | 1.65/- | 18.15/- (Addl. Compensation) | 1,00,006.5/- | 3,00,019.25/- |
| 1142/20 | 262/12 | 2125 | 1.65/- | 18.15/- (Addl. Compensation) | 38,568.75/- | 1,15,706.25/- |
First Appeal Nos.1144, 1145 & 1147 of 2020 (Village: Saij)
| FA Nos. | LAR Nos. | Measurement of acquired land (in sq mtr) | Award by SLAO (in Rs./sq mtr) | Award by Ref. Court (in Rs./sq mtr) | Addl. Commpensation (1 yr) (Rs.18.15 x area sq mtr) | Addl. Commpensation (3 yr) |
|---|---|---|---|---|---|---|
| 1144/20 | 292/12 | 846 | 0.80/- | 12.70/- (Addl. Compensation) | 10,744.2/- | 32,232.6/- |
| 1145/20 | 295/12 | 8856 | 0.80/- | 12.70/- (Addl. Compensation) | 1,12,471.2/- | 3,37,413.6/- |
| 1147/20 | 293/12 | 3542 | 0.80/- | 12.70/- (Addl. Compensation) | 44,983.4/- | 1,34,950.2/- |
4. Therefore, it is clearly evident that the appeals are valued less than Rs.5 lakh for both the purposes i.e. for jurisdiction and for Court fee.
5. Brief facts of the case are as under:-
First Appeal Nos.1139/2020 to 1142/2020
5.1 The lands of the claimants situated at village Dingucha, Tal: Kalol, Dist: Gandhinagar came to be temporarily acquired by the appellant – ONGC for the purpose of drilling PLAG. The Special Land Acquisition Officer vide his award dated 23.7.1997 awarded Rs.1.65/- per sq mtr as rental compensation for the temporarily acquired lands. The claimants preferred reference under section 18 of the Act before the learned Reference Court, who by impugned common judgment and award, partly allowed the reference of the original claimants and granted additional amount of compensation of Rs. 18.15/- per sq.mtr per annum from the date of taking possession for the period of three years over and above the rental compensation awarded by the Special Land Acquisition Officer. The appellant is also directed to pay interest on additional rental compensation at the rate of 9% per annum from the date of possession till realization. Feeling aggrieved by the award, the appellant ONGC has preferred the present appeals.
First Appeal Nos.1144/2020, 1145/2020 & 1147/2020
5.2 The lands of the claimants situated at village Saij, Tal: Kalol, Dist: Gandhinagar came to be temporarily acquired by the appellant – ONGC for the purpose of drilling PLAG. The Special Land Acquisition Officer vide his award dated 28.4.1988 awarded Rs.0.80/- per sq mtr as rental compensation for the temporarily acquired lands. The claimants preferred reference under section 18 of the Act before the learned Reference Court, who by impugned common judgment and award, partly allowed the reference of the original claimants and granted additional amount of compensation of Rs. 12.70/- per sq.mtr per annum from the date of taking possession for the period of three years over and above the renta
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