THAKORBHAI NAROTTAMBHAI PATEL Vs. DISRTICT COLLECTOR & 2

JUDGEMENT

(1.) The petitioners have disputed the computation of compensation awarded by the Collector, Surat, for the acquisition of right of user for laying down the pipelines through their agricultural fields.

(2.) Facts being common, we may record them from Special Civil Application No.6557/2010. The petitioners are the owners of different parcels of land situated at Segwasyadla, Taluka Olpad, District Surat. Respondent no.2 Gujarat State Petronet Limited ("GSPL" for short) desired to lay down gas pipeline through the lands of the petitioners. This very pipeline would also pass through various lands of village Variayav, right adjacent to village Segwasyadla. GSPL would have to compensate the persons interested in the land for any damage or loss or injury sustained, as also would have to pay compensation for the right of user at the rate of 10% of the market value of the land on the date of publication of notification under sub-section(1) of section 3 of the Gujarat Water and Gas Pipeline Act 2000 ("the said Act" for short). Section 10 of the Act prescribes the procedure for computing such compensation.

(3.) The competent authority assessed the market value of the land of the petitioners at Rs.700/- per sq. mtrs. and awarded compensation for the user of land at Rs. 70 per sq. mtrs. under the award dated 25.6.2009. In such award itself, he provided that order for compensation for damages to trees, crops, structures, etc. that may be caused during the work, will be made separately.