AMARATLAL JIVIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of petitions, Special Civil Application No. 3384 of 2020 has been filed by the land holders for the relief that they be awarded compensation as per the Supplementary Award dtd. 8/5/2019 passed by the Special Land Acquisition Officer, ONGC under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) The connected Special Civil Application No. 6749 of 2020 has been filed by the ONGC, the acquiring body, to challenge the validity of the Government Resolution dtd. 4/4/2018 and 11/9/2018 with the assertion that the said resolutions are ultra vires the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further challenge is to the Award dtd. 14/8/2018 passed by the respondent no.2, viz. the Special Land Acquisition Officer, ONGC, as also the Supplementary Award dtd. 8/5/2019 on the plea of being unreasonable, unconstitutional and illegal.

(3.) The facts relevant to decide the controversy at hand are that a consent term dtd. 11/1/2017 was entered into between the parties, viz. ONGC and the land holders. A Consent Award dtd. 14/8/2018 under Sec. 23A of the Gujarat Amendment Act, 2016 was published on 20/9/2018. As per the statement made in the Writ petition filed by the ONGC, it is an admitted fact of the matter that the land holders have been paid compensation under the Consent Award dtd. 14/8/2018 published on 20/9/2018.