GAIL (INDIA) LTD & ORS Vs. RAI SINGH

JUDGEMENT

(1.) Cm APPL. 41295/2016 (delay)in W.P.(C) 6879/2014

(2.) These writ petitions have been filed by the Gas Authority of India Limited (GAIL) challenging the common impugned order/judgement dated 16th July 2014 passed by the learned Additional District Judge-I (ADJ-I) South West District Dwarka Courts, Delhi disposing of the individual applications filed by the Respondents under Section 10 (2&3) of the Petroleum And Minerals Pipelines (Acquisition & Right Of User In Land) Act 1962. The learned ADJ has assessed the market value of the right to user of the land of the Respondents in villages Nanakheri and Badusarai at Rs. 2.93 crores per acre as on the date of notification issued for their acquisition under Section 3 (1) of the Act on 22nd May 2009 and has consequentially directed that the Respondents (Plaintiffs before the learned ADJ) would be entitled to receive compensation at the said rate along with interest at 6 percent per annum at the date of filing of the suit till the actual receipt of the amount. A further direction was issued to the present Petitioner being to pay the difference of the Award amount to all the Respondents after conducting a survey of the land by associating the individual Plaintiffs or their Legal Representatives (LRs)/successor, if any, in the exercise.

(3.) The factual background is that following the issuance of the above notification under Section 3 (1) of the Act on 22nd May 2009 for the purposes of acquisition of the right to use the land for laying down a pipeline for transportation of natural gas through Bamnauli superline from "Chainsa-Jhahhar-Hissar trunk gas pipeline project", a notification was published under Section 6 (1) of the Act in the gazette on 21st August 2008 and an Award dated 30th June 2009 determining the compensation payable in respect of the land village Nanakheri at Rs. 68,90,000/- per acre and in respect of village Badusarai at Rs. 81,60,000/- per acre. In arriving at the said compensation, the Competent Authority (CA) took Rs. 53,00,000/- per acre to be the minimum indicative price on which the market value of the land was assessed.