NEUTRAL CITATION
C/FA/3132/2023 JUDGMENT DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3132 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KHIMABHAI NAJABHAI
Versus
DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
for the Defendant(s) No. 2
MS TANUSHREE SHRIMAL, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 11/08/2023
ORAL JUDGMENT
1.Heard learned Advocate Mr. Tejas P. Satta for the appellant and learned AGP Page 1 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined Ms.Tanushree Shrimal for the respondent- State.
2.Admit. Learned AGP Ms.Tanushree Shrimal waives service of notice of admission on behalf of the respondent-State.
3.By this appeal, the appellant has challenged the Judgment and Decree passed by the 8th Additional Senior Civil Judge, Jamnagar, dated 30.07.2018 in Land Acquisition Reference (LAR) Case Nos. 345/2007 whereby the Reference Case was rejected.
4.With consent of the learned advocates of both the sides the First Appeal is taken up for final disposal.
5.The land of the appellant-claimant situated at Village:Rampar, Talulka and District:Jamnagar was acquired for the Page 2 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined purpose of Kankavati Irrigation Scheme.
6.A notification under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") was published on 18.05.2006. The Special Land Acquisition Officer by Award dated 30.06.2007 in Land Acquisition Case No.2 of 2006 awarded Rs.5/- per square meter.
7.Feeling aggrieved and dissatisfied with the award passed by the Special Land Acquisition Officer, the appellant-claimant preferred reference under Section 18 of the Act.
8.The Reference Court by the impugned Judgment and Award dated 30.07.2018 dismissed the claim petition filed by the appellant- claimant as the claimant could not remain present before the Court despite giving sufficient time and could not adduce any evidence in support of the claim. It is Page 3 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined recorded by the Reference Court that notice was issued to the claimant but thereafter due to his absence, the evidence was closed and the Reference Court therefore, held that the claimant failed to prove his case.
9.In such circumstances, when the claimant has remained absent to lead the evidence, the claimant is not entitled to interest from the date of impugned Judgment and Award till the date of passing of this order.
10. In similar facts, the Coordinate Bench vide order dated 03.10.2019 passed in First Appeal No. 4699 of 2019 and vide order dated 29.06.2022 passed in First Appeal No. 862 of 2022 and allied matters remanded the matter back to the Reference Court.
11. Considering the aforesaid decisions of the Coordinate Bench, it appears that while Page 4 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined remanding the matter back, a view has been taken that the Competent Court after taking into consideration the material which may be placed on record by the claimant or the respondent authorities, can decide whether the landowner was entitled to enhanced compensation, however, the claimants would not be entitled to claim interest from the date of the impugned Judgment and Award till the date of passing the order by this Court.
12. Considering the view taken by the Coordinate Bench in the similar facts in other First Appeals, the impugned Judgment and Award deserves to be interfered with as the Reference Court could not have rejected the Reference Case merely on the ground that no evidence is led by the claimant- appellant. The Reference Court ought to have taken an independent decision relying upon the necessary documents including the award Page 5 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined in question as well as other comparable sale instances of the surrounding land, earlier award etc. passed with regard to the land in the near vicinity.
13. Therefore in order to give a fair opportunity to the appellant before the Reference Court, the impugned Judgment and Award passed by the 8th Additional Senior Civil Judge, Jamnagar, dated 30.07.2018 in Land Acquisition Reference (LAR) Case Nos. 345/2007 is hereby quashed and set aside so as to give an opportunity to the appellant- claimant to lead any evidence, if required, but the appellant-claimant would not be entitled to any interest for the period from the date of impugned Judgment and Award of the Reference Court till today i.e. from 30.07.2018 to 11.08.2023 on the enhanced amount of compensation if any. It is further directed that the Reference Court shall hear Page 6 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023 NEUTRAL CITATION C/FA/3132/2023 JUDGMENT DATED: 11/08/2023 undefined and decide the in Land Acquisition Reference (LAR) Case Nos. 345/2007 after giving an opportunity to the appellant-claimant to lead oral and documentary evidence. The appellant-claimant is also directed to cooperate with the Reference Court for expeditious hearing of the Land Reference Case. Such exercise shall be completed within a period of six months from the date of receipt of this order.
14. With the aforesaid observation and direction, this appeal is partly allowed. No order as to costs.
(BHARGAV D. KARIA, J) PALAK Page 7 of 7 Downloaded on : Sun Sep 17 01:05:30 IST 2023