Genral Man vs The Spcial

Genral Manager Oil And Natural Gas Corporation Ltd Vs The Spcial Land Acquisition Officer Oil And Natural Gas Ltd

Case Details

Case Type	CMA SC
Filing Number	63/2014
Registration Number	63/2014
Filing Date	16-07-2014
Registration Date	31-07-2014

First Hearing Date	14th August 2014
Decision Date	30th January 2020
Case Status	Case Disposed
Court Number and Judge	29-8Th Addl. Sr. Civil Judge & A.C.J.M.;
Nature of Disposal	Contested--Allowed;

Petitioners & Respondents

Petitioner

Genral Manager Oil And Natural Gas Corporation Ltd, ;

Petitioner Advocate

N V Shah;

Respondent Name

Patel Kanubhai Lavjibhai, The Spcial Land Acquisition Officer Oil And Natural Gas Ltd;

Order Details

Order not found.

Final Order Judgement

Order Date

30-01-2020

...1/4… CMA No. 63/2014 Received On : 16.07.2014 Registered On : 16.07.2014 Decided On : 30.01.2020 Duration : 14 – 06 05 D. M. Y. IN THE COURT OF 6TH ADDL. SR. CIVIL JUDGE GANDHINAGAR Civil Miscellaneous Application No. 63/2014 Exh. _______ Applicant : General Manager, Oil and natural Gas Corporation, Avani Bhavan, Chandkheda, Ahmedabad. V E R S U S Opponents : 1. Patel Kanubhai Lavjibhai Residing at: Village : Dolarana Vasna, Taluka & District : Gandhinagar 2. The Special Land Acquisition Officer, Oil and natural Gas Corporation, Avani Bhavan, Chandkheda, Ahmedabad. Appearance : Mr. N. V. Shah, Ld. Advocate for the applicant. Nonappeared on behalf of the opponents. 6th Addl. Sr. Civil Judge ...2/4… CMA No. 63/2014 // J U D G M E N T // 1. The applicant has filed this Civil Miscellaneous Application No. 63/2014 against the opponents for recovery of Rs. 52,154/ as amount of compensation paid excessively to the Opponent No. 1. The notice of this application is duly served upon opponent No. 1, however, he is failed to appear before the Court, and therefore, no reply is filed on behalf of the opponent. 2. Read the application and perused the copy of judgment passed by the Land Acquisition Reference Court as well as the Hon’ble High Court of Gujarat produced vide Exh. 3/1 to 3/4. Heard, the learned Advocate for the applicant, while nobody remained present on behalf of opponents. 3. Upon reading the judgment passed by the 3rd Addl. Sr. Civil Court, Gandhinagar, it transpires that the Court awarded Rs. 6.30/ per sq. mtr. to the present opponent No. 1 over and above the amount of compensation already awarded by the land acquisition officer. It is reflected from the record that the present applicant has preferred firs appeal before the Hon’ble High Court of Gujarat against the award passed by the 3rd Addl. Sr. Civil Court, Gandhinagar. It is also reflected that the present applicant has deposited Rs. 80,043/ before the Court of Principal Sr. Civil Judge, Gandhinagar on 12.12.2005, and the present opponent No. 1 has withdrawn the amount by the order of the Court. Now, it is made clear that the Honb’le High Court of Gujarat has decided in first appeal of the present applicant on dated 21.01.2014, wherein, the judgment of the reference court has been modified to the extent awarding compensation to the original claim @ Rs. 6.30/ per sq. mtr. for the 6th Addl. Sr. Civil Judge ...3/4… CMA No. 63/2014 period of three years from the date of taking over possession alognwith interest @ 9% p.a. on additional amount i.e. 27.09.1993 to 26.09.1996. 4. This CMA is filed with respect to LAR No. 413/1998. The present applicant has deposited an amount of compensation @ Rs. 6.30/ per sq. mtr. which comes to Rs. 80,043/ and the present opponents have withdrawn this amount by the order of the reference court. Now, as the Hon’ble High Court has fixed the amount of compensation as to be Rs. 6.30/ per sq. mtr. for the period of three years from the date of taking over possession alognwith interest @ 9% p.a. on additional amount i.e. 27.09.1993 to 26.09.1996. The applicant has deposited Rs. 52,154/ more amount than the requisite amount of Rs. 27,889/. The calculation showed by the applicant seems to be true and therefore, I accept the arguments of learned Advocate for the applicant that Rs. 52,154/ has been paid more than the amount requires to be paid to the opponent No. 1. Under the circumstances and in view of the discussion made herein above, the applicant proves that it has paid Rs. 52,154/ more to the opponent No. 1 than the amount required to be paid to him. The rate of interest, if awarded @ 7% p.a., it will be just and proper. Under the circumstances, this CMA No. 63/2014 requires to be allowed, and allowed accordingly by passing following final order; // O R D E R // 1. This Civil Miscellaneous Application No. 63/2014 filed by the applicant is hereby allowed. 2. The applicant is entitled to recover Rs. 52,154/ from opponent No. 1 with interest @ 7% p.a. from the date of deposit till today, on the amount of recovery. 6th Addl. Sr. Civil Judge ...4/4… CMA No. 63/2014 3. The opponent No. 1 is directed to pay Rs. 52,154/ with interest, to applicant within two months from the date of this order. 4. Both the parties to bear their own costs. Signed and pronounced in the open Court on this 30th January, 2020. Date : 30.01.2020 ( J. N. Patel ) Place: Gandhinagar 6th Addl. Sr. Civil Judge GJ01088 6th Addl. Sr. Civil Judge

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Frequently Asked Questions

The Petitioner in case Genral Manager Oil And Natural Gas Corporation Ltd vs The Spcial Land Acquisition Officer Oil And Natural Gas Ltd is Genral Manager Oil And Natural Gas Corporation Ltd.

The Respondent in case Genral Manager Oil And Natural Gas Corporation Ltd vs The Spcial Land Acquisition Officer Oil And Natural Gas Ltd is The Spcial Land Acquisition Officer Oil And Natural Gas Ltd and 2 more.

The case against The Spcial Land Acquisition Officer Oil And Natural Gas Ltdwas filed on 16-07-2014 by Genral Manager Oil And Natural Gas Corporation Ltd.

The status of case Genral Manager Oil And Natural Gas Corporation Ltd against The Spcial Land Acquisition Officer Oil And Natural Gas Ltd is Case Disposed.