KHEDUT UTKARSH MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this contempt petition, it has been alleged that the respondent authorities i.e. respondent Nos. 3 and 4 have willfully not complied with the directions contained in order dtd. 26/8/2022 and 5/1/2023 passed in Special Civil Application No.6037 of 2022 and Misc. Civil Application No.1 of 2022 respectively.

(2.) The background of the case is that in the year 2009, the lands of the farmers / landowners, who are the members of the original petitioner No.1, registered society, whose "right of user" was acquired under the provisions of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as "the P and MP Act") and as such the issue arose with respect to compensation in view of Sec. 10 of the P and MP Act. The said issue rel(ating to compensation was the subject matter of adjudication before the competent authority and District Courts at Panchmahals, Dahod, Bharuch and Vadodara respectively but the said proceedings were not finalized and as such with a view to see that the overall resolutions of the said dispute can come to an end a detailed proposal dtd. 9/2/2022 for settlement of claim was submitted before respondent Nos. 3 and 4 GAIL, as indicated above, with respect to 2080 members of petitioners No.1 - society. Learned Mamlatdar was appointed as competent authority under Sec. 10 of the P and MP Act which was contrary to the law laid down by Hon'ble Apex Court in case of Trilok Sudhirbhai Pandya versus Union of India and Ors. reported in (2011) 10 SCC 203 and in case of Laljibhai Kadvabhai Savaliya and Ors. versus State of Gujarat and Ors. reported in (2016) 9 SCC 791 and it was held in Special Civil Application No. 3803 of 2013 in the decision dtd. 11/2/2022 that appointment of competent authority is contrary to the law laid down by aforesaid decisions.

(3.) Mr. S.I.Nanavati, learned senior advocate appearing with Mr. Akshat Khare, learned advocate appearing for respondent No.3 and 4 authority has submitted, on instructions, that at the differential rate and on the basis of amount of compensation awarded as per ONGC Award would be deposited before the competent authority i.e. respective District Collectors within a period of 30 days and in view of this, the rate of compensation determined is Rs.91.00 per sq. meter instead of Rs.31.00 per sq. meter which is on the basis of compensation awarded as per the ONGC Award.