R C PATEL Vs. COLLECTOR & OTHERS

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner prayed for following reliefs:

(2.) The contention of the petitioner is that the respondent, Oil And Natural Gas Corporation Ltd. (for short, 'the ONGC') sent a proposal on 9.11.1998 for the purpose of grant of temporary lease. In the light of said proposal, the objections were called and decided by the Collector/Land Acquisition Officer. An award was passed whereby the land admeasuring 3.64 hec. of the petitioner was taken on temporary lease. The rent of said land was fixed as Rs.37,400/- per year. It is further mentioned that if land is to be returned subsequently, the land shall be returned to the land owner in the same condition in which it was taken.

(3.) Shri Sushil Kumar Sharma, learned counsel for the petitioner submits that respondent no.2 started the work on the land of the petitioner. However, during drilling operations, they found that no oil is available at petitioner's land. Accordingly, the land was not further utilized by the ONGC. However, learned counsel for the petitioner submits that when the drilling to a great extent had taken place and the land was not further utilised, the petitioner preferred a representation Annexure P-2 on 2.8.2002 and requested the learned Collector to return the land and provide restoration of charges, compensation, rent and other benefits. He quantified the amount which is required for restoration as Rs.19 lacs.