Draft Amendment dated 3.11.2012 is allowed. The amendment to be carried out forthwith. 2. Heard Mr. Mehta, learned advocate for the petitioners.
3. Though in present petition, the petitioners have challenged the notice issued by the respondent company and have also challenged the action of laying the transmission line and other actions of the respondent company, ultimately, during hearing, Mr. Mehta, learned advocate for the petitioners, has restricted his submissions and request as regards the dispute about appropriate compensation and/or rent.
Mr. Mehta, learned advocate for the petitioners, fairly submitted that despite objections by the petitioners, the respondents have already completed the work of laying transmission lines, etc, however, until now, the respondents have not taken any action for determining the compensation for standing crops and compensation in respect of the land and/or monthly/annual rent, required to be paid to the land owners / agriculturists and that the petitioners are aggrieved on account of such inaction by the respondents.
Mr. Mehta, learned advocate for the petitioners, also admitted that the respondents have issued notice and asked the petitioners to appear before the competent authority for the purpose of determination of rent and/or compensation, however, the petitioners apprehend, in view of past experience with reference to other land owners that the respondents may not decide and may not pay adequate compensation for standing crops and/or compensation or rent for the land in question.
4. The submissions of Mr. Mehta, learned advocate for the petitioners, give out that the petition is preferred at premature stage and purely out of apprehension.
5. In that view of the matter, Mr. Mehta, learned advocate for the petitioners, submitted that the petitioners will appear before the competent authority in response to the notice and will place their exact demand for appropriate compensation and/or rent. He submitted that the respondent authorities may be directed to consider petitioners' request for appropriate quantification and payment of compensation and/or rent having regard to the location of the land, area of land, market value, nature of crops, etc. and that such payment may be directed to be paid at the earliest.
6. It it needless to clarify that the respondent authorities will, as statutorily obliged to do, take into account all factors as are required to be taken into account for determining the compensation and/or rent. Despite this, if at the end of the proceedings, the petitioners find that the compensation and/or the rent determined by the respondent competent authority is not adequateor that though adequate, it is not paid, then, the petitioners can certainly take out appropriate proceedings for necessary direction before the appropriate Forum.
6.1 So as to allay apprehensions of the petitioners, it is also clarified that as and when the petitioners submit their application/s for expected compensation and/or rent, the respondent competent authority may take into consideration the same, in accordance with law, and pass appropriate order, as expeditiously as possible, preferably within 10 weeks after the applications is/are submitted by the petitioners and necessary payment should also be made within 6 weeks thereafter.
With the aforesaid observations and direction, present petition stands disposed of.
(K.M.Thaker, J.) kdc