CHAIRMAN AND MANAGING DIRECTOR Vs. PRAVINBHAI VADODARIA

JUDGEMENT

(1.) This Civil Application seeking for modification of the order dtd. 26/11/2024 has been filed with the prayer to permit the applicant namely the ONGC to acquire an area of only 9,219 sq.mtrs. as against the area of 10,767 sq.mtrs. in accordance with the Town Planning Scheme (TPS No. 114). The further prayer is to permit the applicant ONGC to modify its proposal dtd. 20/11/2024 confining the acquisition to only for an area of 9,219 sq.mtrs. and direct the respondent No.3 namely the Special Land Acquisition Officer, ONGC/ Deputy Collector to refund the differential amount of Rs.6,94,91,262.00 deposited vide D.D.No. 328575, the estimated cost of compensation for the differential area of 1548 sq.mtrs..

(2.) The only ground stated in the application and vehemently agitated before us by Mr. Mihir Thakore, the learned senior advocate appearing for the applicant-ONGC is that initial proposal for acquisition submitted by the ONGC has been revised noticing the available area of the acquisition, inasmuch as, with the implementation of the Town Planning Scheme, the total area available to the ONGC for acquisition is only 9,219 sq.mtrs. instead of 10,767 sq.mtrs.. It is submitted that the ONGC is required to submit its proposal for the acquisition of the area available in consonance with the area of the final plots, after deduction of the area made under the T.P.Scheme No. 114 FP (Vastral-Ramol T.P. Scheme) from the original plots. It is contended that with the sanction of the Preliminary T.P. Scheme under Sec. 65 of the Gujarat Town Planning and Urban Development Act, 1976, all the rights, obligations and liabilities regarding the land included in the T.P. Scheme have been determined and the final plots, subject to the rights settled by the Town Planning Officer, have become binding to all the stakeholders including the land owners and the Appropriate Authority.

(3.) It is contended that under the T.P.Scheme (TPS No. 114), an area of 1548 sq.mtrs. out of the entire area of 10,767 sq.mtrs. comprising of four plots namely the Survey No. 653/1, 654, 659 and 660, has been reserved for the public purposes, which has been vested with the Town Planning Authority by virtue of Sec. 67 of the Town Planning Act, 1976. For the plots reserved for the public purposes by the Town Planning Authority, the land owners are entitled for compensation/settlement of rights under the T.P.Act. As these plots have been reserved by the Town Planning Officer for the public purposes, it is not feasible for the Corporation to acquire the said portion of land, i.e. 1548 sq.mtrs., under the present land acquisition proceedings.