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Oil vs State

High Court Of Gujarat|20 September, 2013
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. Ms Sejal Bhatt, learned advocate appearing on behalf petitioners, in each of the petitions, has submitted that as such in view of the decision of the Division Bench in the case of Oil and Natural Gas Corporation vs. Khambhat Nagarpalika and Others reported in 2006(2) GLR 987, the petitioners are not liable to pay any land revenue with respect to the lands in question and despite the same the demand notices have been issued under Section 152 of the Bombay Land Revenue Code.
2. It appears that nothing has been placed on record that the concerned authority has considered the same.
3. In view of the above, Ms. Sejal Bhatt, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present Special Civil Applications with a liberty to make detailed representations to the appropriate authority who has issued the demand notice under Section 152 of the Bombay Land Revenue Code pointing out that in view of the decision of the Division Bench of this Court in the case of Khambhat Nagarpalika and Others (supra) and in view of the lease agreement between the government and the ONGC with respect to the land in question, they are not liable to pay the land revenue and to reconsider its earlier decision of levying the land revenue. However, has requested to make suitable observations that the appropriate authority to consider the same in its true spirit and at the earliest.
4. In view of the above, the present Special Civil Applications are disposed of with above liberty and as and when such applications / representations are submitted to reconsider its earlier decision along with decision of this Court relied upon (by producing the copy of the same), the same shall be considered by the appropriate authority in accordance with law and on its own merits considering the lease agreement etc. and shall reconsider its earlier decision of imposing levy of land revenue in accordance with law and on merits within a period of two months from the date of receipt of such applications / representations and communicate the same to the petitioners. In case the decision is against the petitioners, it goes without saying that it will be open for the petitioners to challenge the same before the appropriate authority/ Forum, which shall be considered in accordance with law and on merits.
5. With this, without further entering into the merits of the case and expressing anything in favour of either of the parties, the present petitions are dismissed as withdraw and with above liberty.
(M.R.SHAH, J.) (MS SONIA GOKANI, J.) Siji Page 3 of 3
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Judges
  • M R Shah Gokani
  • Sonia Gokani