Gujarat High Court
Gujarat State Loser Farmer'S Labour ... vs Asset Manager, on 22 March, 2018
Bench: M.R. Shah, A.Y. Kogje
C/SCA/2863/2018 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2863 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE M.R. SHAH Sd/
and
HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/
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1 Whether Reporters of Local Papers may be allowed to see No
the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law as No
to the interpretation of the Constitution of India or any
order made thereunder ?
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GUJARAT STATE LOSER FARMER'S LABOUR COOPERATIVE SOCIETY LTD.
Versus
ASSET MANAGER,
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Appearance:
MR NIKHIL S KARIEL(2315) for the PETITIONER(s) No. 1
MR RONAK RAVAL, ASSISTANT GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 3
MR RR MARSHALL, SR. ADVOCATE with MS KJ BRAHMBHATT(202) for the
RESPONDENT(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 22/03/2018
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] By way of this petition under Article 226 of the Constitution of India, the petitioner Society has prayed for an appropriate writ, direction and order directing the respondent Oil and Natural Gas Page 1 of 7 C/SCA/2863/2018 CAV JUDGMENT Corporation Limited (hereinafter referred to as "Corporation") to allot 30% of the total number of vehicles required in the Tender No.D16JC17017 to the farmers who have lost land to acquisition by the Corporation.
[2.0] Heard Shri Nikhil Kariel, learned Advocate appearing on behalf of the petitioner Society and Shri R.R. Marshall, learned Counsel appearing on behalf of the respondent Corporation and Shri Ronak Raval, learned Assistant Government Pleader appearing on behalf of the Collector, Ahmedabad.
[3.0] Having heard learned Counsel appearing on behalf of the respective parties it is not in dispute that 30% of the total number of vehicles required are required to be reserved for the affected persons / farmers whose lands have been acquired by the Corporation. It is not in dispute that only those farmers, whose lands have been acquired by the Corporation situated within the area of Ahmedabad Asset, are entitled to the aforesaid reservation. It is not in dispute that Ahmedabad Asset of the Corporation is consisting of Gandhinagar, Kheda, Anand, Ahmedabad, Ahmedabad (Rural) and Kadi Taluka of Mehsana. It is also not in dispute that similar benefit of reservation has been given by the Corporation with respect to the farmers whose lands were acquired in Mehsana and Ankleshwar. It is the case on behalf of the petitioner Society that some of the members of the Cooperative Society are the land losers who have lost their lands in the acquisition for the Corporation and therefore, their members are entitled to the benefit of the aforesaid 30% reservation. It is the case on behalf of Page 2 of 7 C/SCA/2863/2018 CAV JUDGMENT the petitioner Society that since August 2017, the representations were made, however the members of the petitioner Society whose lands have been acquired by the Corporation are not given the benefit of 30% reservation. It is the case on behalf of the petitioner Society that even with respect to the tender in question, no such benefit of 30% reservation has been given.
[4.0] Shri Marshall, learned Counsel appearing on behalf of the Corporation has stated that the Corporation does not dispute 30% reservation for the land losers / farmers whose lands have been acquired by the Corporation. However, it is submitted that the authenticity and/or eligibility and/or entitlement of the farmers is to be done by the office of the Collector and as there is no further intimation by the Collector, Ahmedabad, the benefit of 30% reservation has not been given to the farmers / land losers whose lands have been acquired by the Corporation. Shri Marshall, learned Counsel appearing on behalf of the Corporation has stated at the Bar that even vide communication dated 09.03.2018, the Corporation has nominated two officers from the Corporation, Ahmedabad Asset and has requested the Collector, Ahmedabad to constitute the Committee. He has also stated that over and above two other Societies are also claiming the same benefit for their members.
[5.0] Shri Ronak Raval, learned Assistant Government Pleader appearing on behalf of the respondent Collector, Ahmedabad has submitted that as the relevant documents with respect to each members / farmers to justify their claims for reservation such as Page 3 of 7 C/SCA/2863/2018 CAV JUDGMENT village form No.7/12, village form No.8A, land acquisition award etc. are not produced and thereby the genuineness and benefit of the petitioner Society / the members of the petitioner Society whose lands have been acquired could not be verified. He has stated at the Bar that under the instructions from the office of the Collector, Ahmedabad that the Collector has nominated two officers viz. Deputy Collector, Special Land Acquisition Officer (ONGC) and Deputy Collector (N.A.), Ahmedabad. He has submitted that on furnishing necessary documents by the concerned Societies / members of the concerned Societies whose lands have been acquired by the Corporation and whose lands were situated within the are of Ahmedabad Asset, the genuineness shall be considered and appropriate decision / report shall be submitted to the Corporation within a period of three weeks from today so that the concerned members / farmers / land losers who are found to be eligible can be granted the benefit of 30% reservation.
[6.0] At this stage Shri Marshall, learned Counsel appearing on behalf of the respondent Corporation has requested to make observation that the case of the concerned eligible farmers / land losers for 30% reservation shall be considered from the next tender as, so far as the present tender in question is concerned, the same was for 312 vehicles out of which by now for 176 vehicles, the Letters of Intent are already issued and out of the remaining 136, 77 are at the stage of issuance of Letters of Intent and that with respect to remaining 59, fresh tender is required to be issued. He has submitted that in this year for further 93 vehicles, fresh tenders shall be invited. It is submitted that therefore in this year itself fresh Page 4 of 7 C/SCA/2863/2018 CAV JUDGMENT tenders shall be issued for 152 vehicles for which the benefit of 30% reservation can be given to such eligible farmers / land losers whose lands have been were situated within the area of Ahmedabad Asset and whose lands have been acquired by the Corporation.
[7.0] Having heard learned Counsel appearing on behalf of the respective parties, present Special Civil Application is disposed of in terms of following order / directions:
1. That the petitioner Society shall submit the necessary particulars / relevant documents with respect to their members / farmers, whose lands have been acquired by the Corporation more particularly with respect to those farmers / land losers whose lands were situated within the area of Ahmedabad Asset and whose lands have been acquired by the Corporation, to justify their claim for grant of benefit of 30% reservation including the necessary documents such as village form No.7/12, village form No.8A, land acquisition award etc. Such particulars to be submitted within a period of one week from today with the Corporation as well as with the office of Collector, Ahmedabad. Similar exercise also to be undertaken by the Corporation and the relevant particulars / documents shall be send to the office of the Collector, Ahmedabad so as to enable the Committee constituted for the aforesaid purpose to consider the genuineness and/or eligibility of such farmers / members / land losers. Thus, such particulars also shall be submitted Page 5 of 7 C/SCA/2863/2018 CAV JUDGMENT within a period of one week from today, as agreed. The Corporation shall also call for and/or furnish the particulars from other cooperative Societies who are claiming such benefit, if any, so that the cases of other similarly situated farmers / land losers can also be considered for grant of benefit of 30% reservation.
2. That thereafter the Committee consisting of the representatives of the Corporation as mentioned in the communication dated 09.03.2018 viz. (1) Shri Sanjeev Kumar Chaturvedi, Deputy General Manager (HR), Incharge LAQ and (2) Shri Nirupam Sharma, Deputy General Manager (Logistics) and the members nominated by the Collector, Ahmedabad viz. (1) Deputy Collector, Special Land Acquisition Officer (ONGC) and Deputy Collector (N.A.), Ahmedabad shall scrutinize and/or consider the claim of the concerned members / farmers / land losers / beneficiaries of 30% reservation and take an appropriate decision within a period of three weeks from today and communicate the same to the Corporation, Ahmedabad Asset. On receipt of such report / decision the concerned eligible farmers / land losers whose lands situated within the limits of Ahmedabad Asset were acquired by the Corporation shall be granted the benefit of 30% reservation as per the policy (which is not in dispute).
However, in the facts and circumstances of the case more particularly when with respect to the tender in question, for most of the vehicles, Letters of Intent are already issued and third party rights are created, it is directed that the benefit of Page 6 of 7 C/SCA/2863/2018 CAV JUDGMENT 30% reservation shall be given from the next tender as it is reported that for more than 152 vehicles, fresh tenders shall be issued immediately in this year.
[8.0] With above directions and observations, present Special Civil Application stands disposed of.
Sd/ (M.R. SHAH, J) Sd/ (A.Y. KOGJE, J) Ajay** Page 7 of 7