Supreme Court - Daily Orders
Ratibhai Shambhubhai Patel Etc. Thr. ... vs Oil And Natural Gas Coporation Ltd ... on 6 April, 2018
Bench: Arun Mishra, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s). OF 2018
(Arising out of SLP(C) No(s). 37719-37720/2016)
RATIBHAI SHAMBHUBHAI PATEL THR. POA HOLDER Appellant(s)
ETC.
VERSUS
OIL AND NATURAL GAS COPORATION LTD & ANR. Respondent(s)
WITH
CIVIL APPEAL No(s). OF 2018
(Arising out of SLP(C) No(s). 1959/2017)
O R D E R
Leave granted.
After hearing learned counsel for the parties at length, we are of the considered opinion that the amount that has been withdrawn is Rs.512/- per sq. M.; that should be sufficient amount to be paid towards overall compensation payable under Section 23 of the Land Acquisition Act, 1894. Even if the rate is determined at the rate of Rs.281/- per sq. M. and additional Signature Not Verified amount Digitally signed by NEELAM GULATI of 30% solatium and interest. In the Date: 2018.04.13 17:15:02 IST Reason:
circumstances, we award the overall amount of compensation at the rate of Rs. 281/- per sq. M. total 2 Rs.512/-. In case amount is computed in aforesaid manner at the rate of Rs.281/- per sq.M. and additional amount of solatium and interest if it comes less than Rs.512, then no recovery shall be made from land owners/climants; however in case on inclusion the solatium and interest as per statutory provisions, on the aforesaid determination at the rate of Rs.281/- per sq. M. comes higher than Rs.512/-, the same shall be paid to the land owners.
Appeals are accordingly disposed of. For the period prior to issuance of Notification under Section 4 of the Land Acquisition Act 1894, it would be open to the land owners/claimants to claim the damages in the appropriate proceedings in accordance with law.
................J. (ARUN MISHRA) ................J. (UDAY UMESH LALIT) NEW DELHI;
APRIL 06, 2018
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ITEM NO.4 COURT NO.10 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 37719-
37720/2016
(Arising out of impugned final judgment and order dated 27-07-2016 in FA No. 895/2014 27-07-2016 in FA No. 896/2014 passed by the High Court Of Gujarat At Ahmedabad) RATIBHAI SHAMBHUBHAI PATEL ETC. THR. POA HOLDER Petitioner(s) VERSUS OIL AND NATURAL GAS COPORATION LTD THROUGH ITS GROUP GENERAL MANAGER Respondent(s) WITH SLP(C) No. 1959/2017 (III) ( IA No.7845/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No.7846/2018-EXEMPTION FROM FILING O.T.) Date : 06-04-2018 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sunil Gupta, Sr. Adv.
Mr. Jatin Zaveri, AOR Mr. Sudhir Patel, Adv.
Mr. Neel Kamal Mishra, Adv.
For Respondent(s) Mr. Tushar Mehta, ASG Mr. Gaurav Agrawal, Adv. Mr. Abhay Anturkar, Adv. Mr. George Thomas, Adv.
Mr. Gaurav Agrawal, AOR State of Gujarat Mrs. Hemantika Wahi, Adv.
Ms. Jesal Wahi, Adv.
Ms. Shodhika Sharma, Adv. Ms. Vishakha, Adv.4
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
Pending application, if any, also stand disposed of.
(NEELAM GULATI) (JAGDISH CHANDER) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IS PLACED ON THE FILE)