C/FA/4423/2022 ORDER DATED: 21/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4423 of 2022
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CHHAGANBHAI NATHABHAI VADALIYA
Versus
GUJARAT GOVERNMENT
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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
MR. PRANAV DHAGAT, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 21/02/2023
ORAL ORDER
1. With the consent of both the parties, First Appeal is taken up for final disposal.
2. This First Appeal is preferred against the judgment and award dated 29-
06-2018 passed by the Principal Senior Civil Judge, Lalpur in the Land Reference Case Nos.203 of 2006 to 217 of 2006, wherein main Land Reference Case No.203 of 2006. The land reference in so far as the present First Appeal is concerned, is also the Land Reference Case No.203 of 2006.
3. At the outset, learned Advocate for the appellant has prayed for remanding the matter back to the Reference Court and has placed reliance upon the Oral Order dated 29-06-2022 passed in First Appeal No.1153 of 2022. According to learned Advocate for the appellant aforesaid First Appeal arises out of the same acquisition proceedings with Notification under Section-4 being the same.
4. Learned Advocate for the appellant has submitted that as the Appellant Page 1 of 3 Downloaded on : Tue Feb 21 21:05:34 IST 2023 C/FA/4423/2022 ORDER DATED: 21/02/2023 had not remained present before the Reference Court, under instruction would not claim any interest from the year of the award i.e. from the year 2018.
5. Learned AGP has submitted that in the identical facts situation earlier the order has been passed, whereby the Reference Court has been directed to decide the Reference within stipulated time and therefore, the same orders be passed in the present case.
6. Having considered the rival submissions of the parties and having perused the documents on record, it appears that this First Appeal is preferred against the judgment and award dated 29-06-2018 passed by the Principal Senior Civil Judge, Lalpur in the Land Reference Case No.203 of 2006 to 217 of 2006. Notification under Section-4 is dated 08-04-2005, Notification under Section-6 is dated 16-08-2005 in connection with the land situated at Village-Sidsar, Taluka-Jamjodhpur, District-Jamnagar for the purpose of Fulzar (KO.BA) irrigation project and compensation was awarded by the Land Acquisition Officer on 17- 11-2005. Against which the Reference was preferred by the appellant herein. However, it is recorded that despite opportunity being given, no evidence was placed on record on behalf of the appellant. Accordingly, on 21-05-2018, right to place evidence on record for the claimant was closed.
7. It appears that in absence of any evidence on record on behalf of the claimant, the Principal Senior Civil Judge, Lalpur dismissed the Reference.
8. This Court in the cognate Appeals arising out of the very acquisition has passed an Oral Order dated 29-06-2022 passed in First Appeal No.1153 of 2022, wherein this Court has remitted the matter back to the Reference Court for afresh consideration.
9. In view of the aforesaid facts and circumstances and particularly, the present First Appeal is arising out of the very Reference, which has been Page 2 of 3 Downloaded on : Tue Feb 21 21:05:34 IST 2023 C/FA/4423/2022 ORDER DATED: 21/02/2023 earlier dealt with by this Court in First Appeal No.1153 of 2022, the Court deems it fit to adopt the same modalities and thereby remand the matter back to the Reference Court.
10. Further in view of the statement of the learned advocate for the appellant that no written arguments could be placed on record and no oral arguments were also made in the matter. In the interest of justice the impugned judgment and order in respect of the LAR in question are set aside and the matters are remanded back to the learned Reference Court for fresh adjudication on merits after giving the due opportunity of hearing to the learned advocate for the appellant. The parties are at liberty to adduce any additional evidence in support of their cases, however, such an opportunity will be only given once. Thereafter, the learned reference Court will decide the matters on its own merits taking into consideration the documentary and oral evidence on record as well as the additional evidence which may be brought on record by the parties.
11. It is hereby observed that the appellant will cooperate with the proceedings before the Reference Court without seeking any unnecessary adjournment. It is further observed that the appellant has hereby given up their right to claim interest for the period subsequent to 2018.
12. The parties are directed to remain present before the learned Reference Court on 21st March, 2023. It is directed that the learned Land Reference Court will decide the appeal expeditiously. Accordingly the First Appeal stands disposed of. There shall be no order as to costs.
Direct service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA Page 3 of 3 Downloaded on : Tue Feb 21 21:05:34 IST 2023