RAM NIWAS Vs. COMPETENT AUTHORITY GAIL INDIA LTD

JUDGEMENT

(1.) This order shall dispose of CWP Nos.14096, 14097, 14100, 14101, 14102, 16875, 16876, 16878, 16889, 16877 & 24315 of 2013 as common question of law and facts are involved in these cases. It may be mentioned at the outset that the controversy in these cases pertains to the award of compensation to the petitioners under Section 10 of the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962 (in short, 'the 1962 Act') as their land has been acquired for the purpose of laying the pipelines for distribution of Natural Gas through Chhanysa-Jhajjar pipeline. For brevity, the facts are being extracted from CWP No.14096 of 2013.

(2.) The petitioners are residents of Village Raiseena, Tehsil Sohna, District Gurgaon. Their land has been admittedly acquired for laying the above-mentioned natural gas pipeline vide notification dated 01.02.2008 issued under Section 3(1) of the 1962 Act. The official notification under Section 6 was issued on 31.07.2008 followed by the awards dated 15.05.2009 and 10.08.2009. The Competent Authority appointed by the GAIL India Ltd. vide the above-stated Awards assessed the market value of the affected land at the rate of Rs.67,15,000/- and Rs.77,00,000/- per acre, respectively and consequently, granted compensation @ 10% of the above-stated value to the petitioners in terms of Section 10(4) of the 1962 Act. The dis-satisfied petitioners sought reference under Section 10 of the 1962 Act which has been decided by the learned Additional District Judge, Gurgaon vide the impugned Award dated 18.02.2013.

(3.) Learned Additional District Judge-cum-Tribunal relied upon the sale deed dated 25.07.2007 (Ex.P5) and has determined the market value of the subject land to the tune of Rs.1,02,51,000/- per acre. The Tribunal thereafter applied deduction of 20% of the base price of market value of the acquired land and consequently reduced its market value @ Rs.82,00,000/- per acre. The petitioners have accordingly been held entitled to compensation @ 10% of the market value of Rs.82,00,000/- per acre in accordance with Section 10(4) of the 1962 Act. Still aggrieved, the petitioners seek enhancement of compensation through these proceedings.