HEIRS OF HEMTABHAI ALIAS HEMTAABHAI VIRABHAI BADIYABHAI ALIAS BHUDHIYABHAI SANGADA vs COMPETENT AUTHORITY AND DEPUTY COLLECTOR/ PRANT OFFICER
- Court
- Gujarat High Court
C/SCA/8330/2026 JUDGMENT DATED: 23/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8330 of 2026
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HEIRS OF HEMTABHAI ALIAS HEMTAABHAI VIRABHAI BADIYABHAI
ALIAS BHUDHIYABHAI SANGADA & ORS.
Versus
COMPETENT AUTHORITY AND DEPUTY COLLECTOR/ PRANT OFFICER
& ORS.
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Appearance:
MR JA ADESHRA(107) for the Petitioner(s) No.
1,1.1,1.2,1.3,2,2.1,2.2,3,3.1,3.2
MS HETAL PATEL, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 23/06/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The petitioners herein claim to be owners in possession
of land bearing Block number/survey No.1331 (old Block
Number/survey No.80/1/Paiki 2), admeasuring 1-41-74
(Hectare-Are-Square Meters) of Village Gollav, Taluka-
Godhra, District - Panchmahal. A copy of village Form No.7/12
showing the name of predecessor-in-interest of the
petitioners, namely, Virabhai Badiyabhai alias Budhiyabhai
Sangada, is appended as Annexure–‘A’ to the writ petition. A
copy of pedhinama of the deceased owner namely Virabhai is
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also appended as Annexure–‘C’ to the petition.
2. It is contended in the writ petition that vide Notification
dated 28.09.2020 under Section 3(1) of the Petroleum and
Minerals Pipelines (Acquisition of Right of User in Land) Act’
1962, the land-in-question has been acquired for
transportation of petroleum products from Kandla to
Gorakhpur in the State of Gujarat for a pipeline to be laid by
IHB Private Limited. The competent authority, namely,
respondent no.1, has determined compensation under Section
10(1) and 10(4) of the Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act, 1962, vide award
dated 13.01.2023.
3. The contention in paragraph–‘8’ of the writ petition is
that a mischief is played in the award by showing old Block
number/survey No.175 against new Block number/survey
No.1331, which is factually incorrect. The contention is that,
as per Village Form No.7/12, Block number/survey No.1331
was assigned as old Block number/survey No.80/1/ Paiki 2 and
not as old Block number/Survey No.175.
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4. The submission is that as a result of wrong description of
the acquired land in the award dated 13.01.2023, the entire
compensation determined by the competent authority has
been disbursed to the respondent No.3, who is the owner of
old Block number/ survey No.175 which was never acquired.
5. The prayer made in the writ petition is to direct the
respondent no.1, namely the competent authority, to forthwith
recover the compensation wrongly paid to respondent no.3
and pay the same to the petitioners, who are owners of Block
number/survey No.1331 (old Block number/survey
No.80/1/Paiki 2) of Village – Gollav , Taluka Godhra, District
Panchmahal.
6. The further submission of the learned counsel for the
petitioners is that the fact that the old Block number/survey
No.80/1/Paiki 2 was assigned Block number/ survey No.1331,
which was the acquired land under the Notification dated
28.09.2020 under Section 3(1), is apparent on the face of the
record and the mistake in the award dated 13.01.2023 needs
no deliberation on any evidence to be led by the parties and
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can be corrected as an error apparent on the face of the
record itself.
7. Considering the said submissions of the learned counsel
for the petitioners, we have gone through the provisions of
Section 10 and 11 of the Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act, 1962. Sub-section
(5) of Section 10 of the Act’ 1962 provides a remedy to the
landowner or the acquiring body to raise a dispute with
regard to determination of compensation by the acquiring
body, which is to be referred to the District Judge in
accordance with Sub-section (2) of section 10. Section 10(4)
and 10(5) confers power upon the competent authority to
decide the question as to apportionment of compensation
amongst persons interested in the amount of compensation
and in case of any dispute as to the apportionment, refer the
dispute to the decision of the District Judge within the limits
of whose jurisdiction the land or any part thereof is situated.
There is no provision under the Act’ 1962 conferring power on
the competent authority to make any correction of a clerical
mistake or a mistake apparent on the face of the record, if
occur in an award.
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8. For the above, none of the remedies as provided in the
Act’ 1962 can be availed by the petitioners to redress his
grievances. However, looking to the nature of the dispute
raised by the petitioners, a factual inquiry would be required
to be made which is not possible within the scope of Article
226 of the Constitution of India.
9. We, therefore, find it fit and proper to relegate the
petitioners to approach the competent authority by moving a
proper application seeking for correction in the description of
the land-in-question in the award dated 13.01.2023, as per the
contentions made herein. If such an application is filed within
a period of three weeks from today along with the copy of this
order, the competent authority shall be required to issue
notice to respondent No.3 and require both the parties to
submit the papers/documents to establish their claim and
further peruse the entire record of acquisition, including
acquisition notifications as also the revenue records, to
ascertain the identity of the land acquired for the purposes of
laying of pipeline under the Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act, 1962.
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10. In such an inquiry under the directions issued by us, the
competent authority would not be empowered to decide
intricate, disputed questions of fact and would be entitled
only to make a correction of any error apparent on the face of
the award dated 13.01.2023, that too, after providing due
notice and opportunity to respondent No.3.
11. If any dispute arises with respect to the identity of the
land-in-question, subject matter of acquisition with the
notification dated 28.09.2020 and the award dated
13.01.2023, which would require leading of evidence, the
same shall be referred to the District Judge having jurisdiction
of the area where the land-in-question situate, for
determination of the disputed question, drawing source of
power under the provisions of Section 10(2) of the Act’ 1962.
12. In any case, any factual inquiry which would require
leading of evidence by the parties and determination on the
disputed questions of fact and law will not be concluded by
the competent authority under the directions issued by us.
The permission is confined to make correction of fact, may be
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a clerical error in the award dated 13.01.2023.
13. With the above observations and directions, the present
petition stands disposed of. No order as to costs.
(SUNITA AGARWAL, CJ)
(D.N.RAY,J)
A. B. VAGHELA
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