C/SCA/13506/2014 ORDER DATED: 22/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13506 of 2014
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 13506 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 13507 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 13508 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 13509 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 13510 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 13511 of 2014
==========================================================
GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
BHAILALBHAI ZAVERBHAI THAKOR & 1 other(s)
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
MS. MEGHA CHITALIYA, AGP for the Respondent(s) No. 2
MR GM AMIN(124) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 22/02/2023
ORAL ORDER
1. By way of present petitions, the petitioner- Gujarat State Road Transport Corporation, has filed the present petitions challenging the order dated 23.7.2014 passed by the 2nd Additional Senior Civil Judge, Anand in Special Darkhast Number 35 of 2002, 36/2002, 37/2002, 48/2002, 49/2002 and 50 of 2002 passed below Exh-69, 61, 61, 42, 61 and 29 respectively in SCAs No. 13506/2014, 13507/2014, 13508/2014, 13509/2014, 13510/2014 and Page 1 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023 C/SCA/13506/2014 ORDER DATED: 22/02/2023 13511/2014.
2. The petitioner herein is aggrieved and dissatisfied by the award for compensation passed by the Special Land Acquisition officer, respondent No.1 and has preferred Land Acquisition Reference before the learned Civil Judge, (S.D.), Anand being L.A.R No. 1821 to 1826 of 1994. The learned Civil Judge by judgment and order dated 18.2.2002 allowed the references partly. The learned Civil Judge awarded additional compensation of Rs.160/ per sq. mts in addition to the awarded compensation by the Special Land Acquisition Officer. The learned Civil Judge also directed to pay solatium at the rat of 30% and increased market value at the rat of 12% per annum from 19.12.1989 to 12.11.1992 and interest at the rate 9% for the first year and interest at the rate of 15% for the subsequent years from the date of taking over the possession till the amount is deposited by the petitioner.
3. Being aggrieved and dissatisfied by the said judgment dated 18.2.2002, the petitioner preferred First Appeals being First Appeal Nos. 491 to 496 of 2003. The said appeals came to be dismissed by order dated 20.6.2012. The petitioners deposited additional compensation as directed by the Civil Court i.e. Rs.1,19,50,710/- as communicated by the respondent Page 2 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023 C/SCA/13506/2014 ORDER DATED: 22/02/2023 No.2 to the petitioner by a communication dated 16.10.2004. The petitioner has deposited Rs.30,00,000/- by cheque No. 0755885 on 3.2.2005. The said cheque was deposited in the registry of the Civil Court and a receipt acknowledging the same was also issued to the petitioner. The petitioner states that the claimants preferred execution proceedings for the recovery of amount from the petitioner by filing Special Darkhast Nos. 35/02, 36/02, 37/02, 48/02, 49/02 and 50/02. The petitioner filed application No. 1252 of 2004 stating that the petitioner is ready to pay the amount of compensation by installments. The application was allowed by the learned Senior Civil Judge and the petitioner was permitted four monthly installments. The said order dated 25.7.2005 is produced at ANNEXURE -'G'. The petitioner failed to make the payment of first installment which was due on 25.10.2005 and there was a delay of 20 days in making the payment. The petitioner deposited Rs.22,50,000/- deducting the TDS value of Rs.5,88,000/- and petitioner deposited net amount of Rs.16,62,000/- on 16.11.2005. A copy of the cheque is duly produced on record at ANNEXURE 'H'. The petitioner states that the due date for second installment was 25.1.2006, due date for third installment was 25.4.2006, due date for fourth installment was 25.7.2006 as per the Court's order dated 26.7.2005. The petitioner failed to comply with the accepted terms of installment as referred above which resulted in delay of Page 3 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023 C/SCA/13506/2014 ORDER DATED: 22/02/2023 14 months on second installment, 11 months on third installment, 8 months on fourth installment. The petitioner deposited the remaining amount of Rs.67,50,000/- deducting the TDS value of Rs.7,76,979/- and petitioner deposited net amount of Rs.59,73,021/- on 26.3.2007.
4. After the aforesaid amount was deposited by the petitioner, the 2nd Additional Senior Civil Judge by order dated 13.12.2013 directed the Special Land Acquisition officer to produce statement of the amount of compensation which is to be paid to the claimants. The petitioner states that the Special Land Acquisition Officer presented the statement mentioning the figure of Rs. 97,26, 549/- to be paid by the petitioner to the claimants. The learned 2nd Additional Senior Civil Judge by order dated 23.7.2014 directed the petitioner to deposit the amount of Rs.97,26,549/- within a period of 30 days.
5. Being aggrieved and dissatisfied by the order passed by the 2nd Additional Senior Civil Judge, Anand dated 23.7.2014, the petitioner herein filed the present petitions challenging the said order.
6. Pending the petition, the respondents herein filed an Civil Application No.1 of 2022 for seeking direction that the balance amount of compensation payable to the Page 4 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023 C/SCA/13506/2014 ORDER DATED: 22/02/2023 applicant- original respondent No.1 herein be deposited by the petitioner.
6.1 An additional affidavit dated 18.11.2022 has been filed on behalf of the petitioner- Gujarat State Road Transport Corporation, which is duly produced in CA No.1 of 2022. Para-1 of the same reads thus:
"I, Mukeshkumar B. Raval, Divisional Controller, Nadiad Division, Dist. Kheda, the petitioner herein do hereby solemnly affirm and state on oath that I am conversant with the facts of the case and thereupon, I crave leave to file this further affidavit to bring the subsequent development on the issue of additional compensation payable to the respondents of present Special Civil Application as well as Special Civil Application Nos. 13507 to 13511 of 2014 as under:
1. The petitioner submits that additional amount towards compensation payable to the private respondents of present Special Civil Application and other Special Civil Applications No. 13507 to 13511 of 2014 is recalculated and accordingly, an amount of Rs.90,08,305/- is payable to them and a copy of the statement as on 27.9.2022 is annexed with and marked as Annexure -A."
7. Considering the affidavit filed by the petitioner, which is dated 18.11.2022, in view of this Court, the petitions are required to be disposed of taking into consideration the fact that the petitioner is ready and willing to deposit an amount of Rs.90,08,305/- payable to the respondent No.1 of the present petitions respectively, Page 5 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023 C/SCA/13506/2014 ORDER DATED: 22/02/2023 as per the statement dated 27.9.2022, which is duly forming part of the reply, duly filed by the petitioner.
8. In view of the above, Mr. Amin learned advocate appearing for the applicant-respondent No.1 submitted that learned advocate Mr. Amin has also gone through the re-calculated amount and accepted that the amount due and payable is Rs.90,08,305/- and has also gone through the statement dated 27.9.2022.
9. In view of the fact that the aforesaid amount payable by the petitioner is undisputed and with the consent of the learned advocates appearing for the respective parties, the Special Civil Application Nos. 13506/2014 to 13511 of 2014 are disposed of with direction to the petitioner to deposit the amount of Rs.90,08,305/- within a period of three months from the date of receipt of this Order. The said amount be deposited before the Executing Court where the executing proceedings being Special Darkhast Number 35 of 2002, 36/2002, 37/2002, 48/2002, 49/2002 and 50 of 2002 are pending.
With the aforesaid directions, the aforesaid petitions stand disposed of.
All the Civil Applications also stand disposed of accordingly.
(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 6 of 6 Downloaded on : Tue Feb 28 20:34:08 IST 2023