SHIVLALBHAI VALLABHBHAI Vs. OIL AND NATURAL GAS COMMISSION
LAWS(GJH)-1988-1-5
HIGH COURT OF GUJARAT
Decided on January 25,1988

SHIVLALBHAI VALLABHBHAI Appellant
VERSUS
OIL AND NATURAL GAS COMMISSION Respondents




JUDGEMENT

P.R.GOKULAKRISHNAN - (1.)This Special Civil Application is for issuance of writ of mandamus or a writ in the nature of mandamus or any other writ declaring Sec. 35 as void ultra vires and infringing upon the fundamental rights guaranteed under Arts. 19 14 21 and 300A of the Constitution of India and to declare the action under Sec. 35 of the Land Acquisition Act 1894 as illegal and violative of the fundamental rights guaranteed to the petitioner under the Constitution.
(2.)The short facts of the case for the purpose of disposal of this case are that the Oil and Natural Gas Commission which was established by an Act of 1959 for the development of petroleum resources and the production and sale of petroleum and petroleum products has its Regional Offices at Baroda and Ankleshwar. In order to safeguard the project at Ankleshwar and other places the Government of India Ministry of Home Affairs has sanctioned the creation of temporary posts of 289 Central Industrial Security Force (CISF) mainly for the security coverage of the Ankleshwar Project. In order to provide buildings for these people to stay the Oil and Natural Gas Commission Ankleshwar project made a proposal to the Special Land Acquisition Officer for O. N G. C. dated 20/04/1987 for temporary acquisition of land under Sec. 35 of the Land Acquisition Act 1894 The area required for this temporary acquisition is 5 hectares 54 acres and 87 Sq. Mts. situated in Ankleshwar. It has been made clear in the accompanying letter to the proposal that the land is required in the first instance for a period of one year. On the basis of this proposal the Land Acquisition Officer after satisfying himself granted permission under Sec. 35 for temporary occupation of this land and fixed the annual rent at Rs. 11 20.45 ps. to be paid by the acquiring body which is O. N. G. C. Such an Award was declared on 13-7-1987 by the Land Acquisition Officer O. N. G. C. project Ankleshwar and it has been made clear in that award that the acquiring body has to give possession to the person interested after the term is over and that the acquiring body is also liable to pay damages if any done to the land. Thus we find that the award initially granted possession of the land under Sec. 35 of the Act to the O. N. G. G. for a period of one year. Questioning this order the petitioner who is the owner of the said land and who has put this land for the personal use to rear number of buffaloes has filed this Special Civil Application and wants a declaration that Sec. 35 is void ultra vires and infringes the fundamental rights guaranteed under Arts. 19 14 and 21 and also the right of the petitioner under Art. 300A of the Constitution.
(3.)Mr. R N. Shah the learned Counsel appearing for the petitioner contended that Sec. 35 authorises the requisition of the land for limited period only and inasmuch as the affidavit-in-reply spells out that the acquiring body is intending to acquire the land permanently under the Land Acquisition Act the order under Sec. 35 has to be quashed since there is a fraud upon the statute. It is further contended by Mr. Shah that the Land Acquisition Officer has Dot applied his mind in granting the possession under Sec. 35 when especially the acquiring body wants it permanently for housing the security staff. It is the further contention of Mr. Shah that under the guise of Sec. 35 of the Land Acquisition Act the land of the petitioner cannot be taken possession of and subjected to the acquisition under the land acquisition proceedings by invoking Secs. 4 6 etc. Finally Mr. R. N. Shah submits that it offends Art. 300A of the Constitution of India.
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