ORDER :

SUNITA AGARWAL, C.J.

1. Pursuant to the order dated 24.03.2026 passed by us, noticing that there is an error on the part of the Land Acquisition Officer in declaring the award dated 24.08.2017 as a consent award, when the acquisition process was not completed as there is no declaration notification under Section 19 of the Act, 2013, the affidavit of the Deputy Collector, Competent Authority/Land Acquisition Officer and Assistant Collector, Vadodara Rural, dated 17.04.2026 has been placed before us by Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State respondent.

2. The original record pertaining to the making of the consent award dated 24.08.2017 by the Special Land Acquisition Officer, Vadodara, has also been placed before the Court, in compliance of the aforesaid order.

3. A perusal of the affidavit of the Competent Authority/ Land Acquisition Officer indicates that a notification under Section 4(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [herein after referred to as “the Act’ 2013”] pertaining to the Social Impact Assessment was published in the government gazette dated 08.06.2016. A joint application dated 23.01.2017 duly singed by the petitioner nos.1, 2, 5, 9, 11 and 12 was moved before the Special Land Acquisition Officer seeking 80% of the advance compensation of the subject land showing their voluntariness to hand over their lands, inasmuch as, the ONGC had already taken possession of their lands and completed its constructions work. There is a statement with regard to the application dated 14.02.2017 moved by the petitioner nos.1, 2, 3, 11, 12 and others requesting the Special Land Acquisition Officer/ Deputy Collector, Vadodara for passing of the consent award.

4. It is further stated therein that a notification dated 17.03.2017 under Section 11(1) of the Act’ 2013 was published in the government gazette. The contention is that no objections were preferred by the landowners within the statutory period of 60 days and that no objections were pending before the Prant Officer, Vadodara under the mandate of Section 15 of the Act’ 2013. However, the statement in this regard in Paragraph – ‘8’ of the affidavit of the Competent Authority seems to be misleading, inasmuch as, there is no date of issuance of the public notice under Section 15 of the Act’ 2013 has not been mentioned therein. Though the copy of the notifications under Section 4(1), Section 11(1) and the applications filed by the petitioners as Annexures – ‘R2’ and ‘R3’ are appended with the affidavit of the Special Land Acquisition Officer, but the public notice inviting objections of the landholders under Section 15 of the Act’ 2013 issued, if any, has not been brought on record.

5. It seems to us that the Officer whose affidavit is filed in the present petition is trying to mislead the Court by making a statement to the effect that no objections were preferred by the landowners when from the original record of making of the consent award as well, no such notice could be placed before us.

6. It is admitted by Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State respondent that from a perusal of the original award, no such public notice having been issued under Section 15 of the Act inviting objections of the landowners after publication of the notification under Section 11 of the Act’ 2013, forms part of the original record.

7. Proceeding further, on the question of making the consent award dated 24.08.2017 without completing acquisition process, the averments made in paragraph nos.“9 to 12” of the affidavit of the Deputy Collector/ Competent Authority are that as agreement was executed by the landowners on 26.05.2017 in accordance with the procedure prescribed under Chapter III, Rule 9, Form VI of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules 2017. It is at this stag