That the land bearing survey No 837/1 situated at Village Vastral, Taluka Vatva, District Ahmedabad admeasuring 10034 square meters is under temporary acquisition by Oil and Natural Gas Corporation Ltd. 1
That the appellants herein approached the High Court in the year 2016 by way of SCA No 3992/2016 seeking a direction to the respondents to either acquire the land on permanent basis or release the land from acquisition. That after the disposal of the writ petition in 2017 and though it was assured that the process for permanently acquiring the land would be initiated, nothing was done thereafter and therefore the appellants again approached the High Court for quashing of the acquisition proceedings and to direct the respondents to release the said land from temporary acquisition and to handover vacant and peaceful possession of the land in question to the appellants.
30/- per square meter per annum, which can be said to be abysmally on the lower side and not commensurate with the prevalent market rent and the statutory authorities of the State under similar circumstances having paid Rs. 4 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court refusing to quash the temporary acquisition proceedings and as such not passing any order to increase the rent per month for temporary acquisition, the landowners have preferred the present appeal.
30/- per square meter per annum and that too for the entire area of the land in the developed area is absolutely unreasonable, arbitrary and violative of Article 300A of the Constitution of India.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
It is submitted that if the land would have been acquired permanently earlier, the appellants would have got sufficient compensation and the appellants would have utilised that money for purchase of other land, which the appellants could not because of non- payment of compensation due to non-acquisition of the land permanently.
It is submitted that after the notification dated 23.5.2018, again on 22.07.2019, Revenue Department of Government of Gujarat published a notification relating to land in question required by the ONGC for public purpose, the same was issued under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘2013 Act’).
It is therefore submitted that the respondent-ONGC needs more time to make the acquisition process in conformity with 2013 Act, to acquire the land permanently.
Be that as it may, on and from 15.3.2005, appellant No 1 is the owner of the land in question and therefore can question the temporary acquisition if the temporary acquisition has been continued for a long period. Temporary occupation of waste or arable land, procedure when difference as to compensation exists – (1) Subject to the provisions of Part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.
If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. However, from the material on record, it appears that in the year 2018 and after the High Court disposed of the earlier writ petition on the submission made on behalf of the ONGC that the land in question shall be acquired permanently, efforts were made in the year 2018 to acquire the land under the provisions of the 2013 Act. The respondent-ONGC is directed to act as per the impugned judgment and order passed by the High Court, more particularly para 7(ii), failing which necessary consequence shall follow.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
With the aforesaid observations and directions, the present appeal stands disposed of in terms of the above.
Case Title: MANUBHAI SENDHABHAI BHARWAD Vs. OIL AND NATURAL GAS CORPORATION LTD. (2023 INSC 61)
Case Number: C.A. No.-000472-000472 / 2023
