OIL AND NATURAL GAS COMMISSION Vs. SPECIAL JUDL OFFICER

JUDGEMENT

(1.) This revision petition, moved under Article 227 of the Constitution read with Sec. 131 CPC is directed against award dated 17.6.92 as passed by Special Judicial Officer, Shillong on a reference u/s 18 of the Land Acquisition Act, 1894 (for short 'the Act) registered as L.A. Case No. 37(K) to 105(K) / 9

(2.) The petitioner Oil & Natural Gas Commission (for short 'the Commission) is a statutory Corporate Body established under the Oil and Natural Gas Commission Act, 1959 has its head office at Dehradun while its Eastern Regional Business Centre is at Nazira with projects at different places in eastern States of Assam, Nagaland and Meghalaya. The Commission located a spot.for drilling for estimating oil reserve, in the bed of river Khasimara in village Chirakapa (East Khasi Hills) situated at a distance of about 130 Kms form Shillong the State Capital.

(3.) In 1987, the Collector East Khasi Hills was approached by the Commission for acquisition of land measuring 1.506040 sq. metres for the proposed drill site asking for possession pending acquisition proceedings. There was urgency for making approach road to the drill-site about 6'5 Kms from the village Chirakata, so that construction of bridges, culverts and crossings by cutting the hills could be undertaken. A joint verification of the land was made on 21.12.87 by the Sirdar (tribal head) and representatives of the Collector and the Commission. Finally, an agreement was arrived at and signed by them on 5.4,1988 whereby the land owners agreed to handover possession of the land from the day the Commission deposited Cash compensation with the Collector. The agreement has been filed as Annexure-II to this petition. The petitioner deposited Rs. 10.33.347/- on 13.6.88,out of Rs. 25,26,703'76P the approximate cost and compensation for acquisition of the land as fixed by the Collector. On the same day i.e. on 13.6.88 the land was formally handed over to the Commission who began its construction work. It was followed by a notification under Section 4 of the Act on 9.3.89. The total area of land as notified, was reduced to 1.50163 sq. metres from 156040 sq. metres as originally fixed. The estimated compensation as determined by the Collector was Rs. 25,47,585'89 P at the rate of Rs. 3/- per sq. metres as for Tilla land', Rs. 9/- for paddy land, Rs. 10/- for fishery land as per prevailing market rate, added to it was additional compensation of Rs. 4,18,55190P under Section 23(2) of the Act being 30% of the value of land and the trees. Additional Compensation was also awarded u/s 23(3) of the Act at the rate of Rs. 12% per annum for three years from the date of publication of the notification u/s 4 of the Act.