Oil And Natural Gas Corporation Ltd vs. Taraben Ishwarlal (Since Deceased) Through Lrs

ITEM NO.19 COURT NO.7 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).31711/2018 (Arising out of impugned final judgment and order dated 25-07-2018 in SCA No.9226/2009 passed by the High Court of Gujarat at Ahmedabad)

OIL AND NATURAL GAS CORPORATION LTD. PETITIONER(S)

VERSUS

TARABEN ISHWARLAL (SINCE DECEASED) THROUGH LRS. & ORS. RESPONDENT(S)

(FOR ADMISSION and IA No.172668/2018-EXEMPTION FROM FILING O.T.)

Date : 10-12-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MS. JUSTICE INDU MALHOTRA

For Petitioner(s)

Mr.J.P.Cama, Sr.Adv. Mr.Gaurav Agrawal, Adv. Mr.Bhanwar Jadaun, Adv. Mr.Deepak Bora, Adv.

For Respondent(s)

Mr.Nirav Thakkar, Adv. Ms.Misha Rohatgi, AOR

UPON hearing the counsel the Court made the following O R D E R

Issue notice.

List the matter after four weeks.

Ms.Misha Rohatgi, learned advocate on record, accepts notice on behalf of the respondents and is granted time to file counter affidavit.

Pending special leave petition and subject to decision of this special leave petition, we direct the petitioner (ONGC) to pay to the land owners (respondents) compensation in respect of their land in question at the rate of Rs.178/- per square meter along with interest at the rate of 18% in terms of the minutes of the meeting/agreement dated 21st April, 2008 and all other consequential statutory benefits payable under the Land Acquisition Act.

The respondents shall also be entitled to apply to the Collector under Section 18 of the Act for making reference to the civil court for re-determination of the amount payable to the land owners. This shall be subject to the result of this special leave petition and without prejudice to the rights of the parties to prosecute the matter.

Let the amount as directed above be paid to the respondents (land owners) by the petitioner within one month from today.

Subject to compliance of aforesaid direction, the impugned order shall remain stayed.

(Ashok Raj Singh) (Chander Bala) Court Master Court Master