C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5166 of 2022
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 5166 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 10726 of 2022
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RAJNAGAR TEXTILE MILLS (UNIT OF NATIONAL TEXTILE
CORPORATION LTD.)
Versus
THE 2ND ADDITIONAL SPECIAL LAND ACQUISITION OFFICER,
AHMEDABAD
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Appearance:
MR DEVANG VYAS, SENIOR ADVOCATE WITH
MR DG SHUKLA(1998) for the Petitioner(s) No. 1,2
DR VENUGOPAL PATEL(7411) for the Respondent(s) No. 3
MR K.M. ANTANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
RIZVAN SHAIKH(7146) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 30/01/2023
COMMON ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. By consent of learned advocates appearing for the parties, the matter is taken up for final disposal. Page 1 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023
C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023
2. These two petitions are being filed assailing and/or questioning the order dated 31.12.2021 passed by 2nd Additional Special Land Acquisition Officer, Ahmedabad dated 31.12.2021 in L.A.Q. Case No.16 of 2017 whereunder total compensation of Rs.23,05,30,044/- has been awarded and a sum of Rs.2,53,03,512/- has been ordered to be apportioned between respondent Nos.2 and
3.
3. Assailing the said determination as impermissible and outside the scope of Sections 20, 21 and 27 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013 ('the Act' for short), Special Civil Application No.5166 of 2022 has been filed. Whereas respondent No.3 in Special Civil Application No.5166 of 2022 assailing the very same order dated 31.12.2021 by filing Special Civil Application No.10726 of 2022 contending, inter alia, that it is entitled for the entire compensation and neither writ applicants in Special Civil Application No.5166 of 2022 nor respondent No.2 in the said Special Civil Application are entitled to Page 2 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 any amount of compensation.
4. We have heard the arguments of Mr. Devang Vyas, learned Senior Advocate appearing for Mr. D.G. Shukla for the writ applicants in Special Civil Application No.5166 of 2022, Mr. K.M. Antani, learned Assistant Government Pleader appearing for respondent No.1 in both the petitions and Mr. M.T.M. Hakim, learned advocate appearing for respondent No.2 and Mr. Mitul Shelat, learned advocate appearing for respondent No.3 in Special Civil Application No.5166 of 2022 who are also appearing for respondent No.6 in the connected matter.
5. Though Mr. Devang Vyas, learned Senior Advocate appearing for the writ applicants in Special Civil Application No.5166 of 2022 has vehemently contended that the determination of compensation by the Collector by apportionment of the compensation to the extent of 90% in favour of the writ applicants in Special Civil Application No.5166 of 2022 and 10% between respondent Nos.2 and 3 is outside the scope of the Page 3 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 provisions of the Act, we are not inclined to accept the said contention inasmuch as a plain reading of Sections 21, 23 and 27 together would leave no manner of doubt that when a notice is issued to the person interested in a land as required under Section 21 of the Act, the Collector is required to adjudicate the claims to compensation and rehabilitation and resettlement by considering the claim of all such persons having interests in such land vide Section 21 of the Act. An inquiry being contemplated under Section 23 postulates that on the day so fixed for inquiry when the Collector proceeds to inquire into the objection if any filed by person/s interested pursuant to the notice issued under Section 21 such inquiry includes issues relating to measurement of the land made under Section 20; and into the value of the land at the date of publication of the notification; and into the respective interest of the persons claiming compensation, rehabilitation and resettlement. To encompass within its sweep, the entitlement of apportionment of compensation inter se amongst the Page 4 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 interested persons as to what would be the scope of such inquiry would be in the domain of the Collector and this Court in exercise of powers vested under Article 226 of the Constitution of India would not adjudicate upon such claims as Collector would be the fact-finding authority and also would have to undertake such exercise. On such order being made, as has been done by respondent No.2 in the instant case by passing an order on 31.12.2021, such order or said order would be susceptible for being challenged by submitting a written application submitted to the Collector who in turn is required to refer for determination of the authority as prescribed under Section 51 of the Act. A plain reading of sub-section (1) of Section 51 of the Act would indicate that appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as 'the Land Acquisition, Rehabilitation and Resettlement Authority' to exercise jurisdiction, powers and authority Page 5 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 conferred on it by or under the Act. Sub-section (2) of Section 51 of the Act enables the appropriate Government to specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under Section 64 or applications made by the applicant under second proviso to sub- section (1) of Section 64 inasmuch as in a given case where an application has been made by an applicant to the Collector is not being referred to then such person or applicant may apply to the authority requesting it to direct the Collector to make a reference to it within a period of 30 days.
6. In the instant case, undisputedly respondent Nos.2 and 3 in Special Civil Application No.5166 of 2022 have sought for reference under Section 64 and which is said to be pending before the Collector. On account of the writ applicants in Special Civil Application No.5166 of 2022 having directly challenged the order dated 31.12.2021 before this Court, we are of the considered view that an Page 6 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 opportunity has to be given to the writ applicants, also to submit an application seeking reference by permitting the writ applicants to submit such application within 10 days from the date of receipt of the copy of this judgment. On such application being filed and the reference already sought for by respondent Nos.2 and 3 being referred to the Adjudicating Authority, said authority would be required to adjudicate the same in the manner known to law and as contemplated under Section 64 of the Act. On account of parties staking their claim for payment of compensation which has already been determined viz. the issue of apportionment / entitlement being in serious dispute, this order is being passed directing the Adjudicating Authority constituted under Section 64 viz. Mr. K.D. Parmar, Retired Principal Judge, Family Court, Anand as the Adjudicating Authority and Presiding Officer of Ahmedabad Zone by issuance of a notification under Section 51 dated 4.9.2021 to adjudicate such claim. Page 7 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023
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7. Hence, we proceed to pass following JUDGMENT
(i) Special Civil Application No.5166 of 2022 and Special Civil Application No.10726 of 2022 stand disposed of by directing respondent No.1 - 2 nd Additional Special Land Acquisition Officer, Ahmedabad to refer the application filed by the writ applicants seeking reference under Section 64 of the Act by referring the same to the Adjudicating Authority constituted under Section 64 of the Act expeditiously and at any rate within an outer limit of two weeks from the date of receipt of this judgment;
(ii) The writ applicants in Special Civil Application No.5166 of 2022 are granted liberty to file an application seeking reference by submitting an application to the Collector, Ahmedabad for referring their claim to the authority constituted under Section 64 of the Act expeditiously and at any rate within an outer limit of two weeks from the date of receipt of this judgment;
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(iii) The Adjudicating Authority referred to hereinabove shall adjudicate all the three applications in accordance with the law and as contemplated under Section 64 of the Act expeditiously and at any rate within an outer limit of six weeks from the date of receipt of the references from the Collector and regulate the proceedings in the manner as it deems fit;
(iv) The amount of compensation which has been determined by the Special Land Acquisition Officer by order dated 31.12.2021 shall be kept in a fixed deposit in any nationalised bank by the State initially for a period of six months and shall ensure that said deposit is constantly renewed if required till adjudication of the claims and it is needless to state that successful party / parties would be entitled to proportionate amount if any awarded by the Adjudicating Authority with proportionate accrued interest. It is needless to state that till such Page 9 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023 C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023 adjudication is concluded, there shall be no disbursement of the said amount to any of the parties;
(v) All pending applications stand consigned to records.
(ARAVIND KUMAR,CJ) (ASHUTOSH SHASTRI, J) Bharat Page 10 of 10 Downloaded on : Tue Jan 31 20:46:41 IST 2023