Gujarat High Court
Gujarat State Land Loser Farmer'S ... vs Asset Manager Ongc on 2 May, 2018
Bench: M.R. Shah, A.Y. Kogje
C/SCA/5894/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5894 of 2018
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GUJARAT STATE LAND LOSER FARMER'S LABOUR COOPRATIVE SOC LTD
Versus
ASSET MANAGER ONGC
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Appearance:
MR NIKHIL S KARIEL(2315) for the PETITIONER(s) No. 1
MR. RONAK RAVAL ASST. GOVERNMENT PLEADER(1) for the
RESPONDENT(s) No. 3
MR AKSHAT KHARE(5912) for the RESPONDENT(s) No. 2
MR UMANG R VYAS(5595) for the RESPONDENT(s) No. 4
MRS SUMAN KHARE(2226) for the RESPONDENT(s) No. 2
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1
VIRAL K SHAH(5210) for the RESPONDENT(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 02/05/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:
"B. Your Lordships may be pleased to direct the Respondents Corporation, specifically the Mehsana Asset of th said Respondent Corporation, to allot the complete 30% of the total number of Vehicles required in the Tender No. E16WD17002, E16WS17006 and E 16WC17008 to the present petitioner society;
C.Your Lordships may be pleased to direct the Respondent ONGC to cancel allotment of any reservation benefit to the Respondent no.4 herein:"Page 1 of 6 C/SCA/5894/2018 ORDER
2.0. Heard Shri Nikhil Kariel, learned advocate for the petitioner, Shri Akshat Khare, learned advocate for the respondent ONGC, Shri Ronak Raval, learned Assistant Government Pleader for the Collector and Shri Viral Shah, learned advocate for the respondent no.4. It is not in dispute that 30% of the total vehicles available which are needed for transportation are required to be reserved for those agriculturist who have lost their lands in acquisition for ONGC and whose lands were situated within the Mehsana Region. However, the dispute is with respect to the interse claim between those eligible land loser agriculturist. Identical question came to be considered by the Division Bench of this Court in Special Civil Application No.2863 of 2018 and after hearing the learned advocates for the respective parties, this Court issued the following directions in para:
"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 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 Page 2 of 6 C/SCA/5894/2018 ORDER 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), InchargeLAQ 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 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."
3.0. There is broad consensus between the learned advocates for the respective parties to issue similar directions. However, it is the case on behalf of the petitioner that respondent no.4 being Trust, either the respondent no.4 or its members are not eligible claiming the benefit of 30% reservation, which is disputed by Shri Viral Shah, learned advocate for the respondent no.4. Therefore, it is requested that let the Collector may consider the same and take appropriate decision in accordance with the policy of the State Page 3 of 6 C/SCA/5894/2018 ORDER Government / Central Government/ ONGC. Therefore, with the consent of the learned advocates for the respective parties, present Special Civil Application is disposed of with following directions:
(A). 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 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.
Respondent no.4 shall also submit the necessary particulars as above in respect of member of their trust viz. which lands have been acquired by ONGC, Mehsana Region.
Page 4 of 6 C/SCA/5894/2018 ORDERB. That thereafter the Committee consisting of the representatives of the Corporation as mentioned in the communication viz. (1) Mr.Anurag GM (Civil) I/C LAQ and (2) Vijaykumar Gokhale GM (Production) and the members nominated by the Collector, Ahmedabad viz. (1) Deputy Collector, Special Land Acquisition Officer (ONGC) and (2) Deputy Collector (Prant), Mehsana 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, Mehsana Asset. On receipt of such report / decision the concerned eligible farmers / land losers whose lands situated within the limits of Mehsana Asset were acquired by the Corporation shall be granted the benefit of 30% reservation as per the policy (which is not in dispute). While taking the final decision, the Collector shall also consider the objection on behalf of the petitioner that respondent no.4 trust is not eligible and the case on behalf of the respondent no.4 is that they are eligible and take appropriate decision in accordance with policy prevailing. While taking the final decision, the Collector may also take into consideration whether the allotment shall be on pro rata basis or not. For the aforesaid, in the joint meeting, it will be open for the representative of the petitioner as well as respondent no.4 to put forward their case which may be considered by the Collector, Mehsana in accordance with policy prevailing. The aforesaid exercise shall be completed within the period of four weeks from today and thereafter ONGC shall act on the basis of the said decision and award the contract to the concerned beneficiaries who Page 5 of 6 C/SCA/5894/2018 ORDER are found to be eligible.
4.0. With the above directions and observations, present Special Civil Application stands disposed of .
(M.R. SHAH, J) (A.Y. KOGJE, J) KAUSHIK J. RATHOD Page 6 of 6