C/FA/1033/2023 ORDER DATED: 28/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1033 of 2023
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NATHABHAI HANSRAJ BHANDERI
Versus
DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
REHABILITATION (IRRIGATION)
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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
MR AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER for the
Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/03/2023
ORAL ORDER
1. Heard learned Advocate Mr. Tejas P. Satta for the appellant and learned AGP Mr. Akash Chhaya for the respondent-State.
2. Admit. Learned AGP waives service of notice of admission on behalf of the respondent-State.
3. By way of this appeal, the appellant challenges the judgment and award passed by the learned 13th Additional Senior Civil Judge, Jamnagar, dated 17.03.2018 in Land Acquisition Reference Case No. 139 of 2007, whereby the learned Civil Court had disposed of the Reference Page 1 of 5 Downloaded on : Wed Mar 29 20:42:06 IST 2023 C/FA/1033/2023 ORDER DATED: 28/03/2023 Case as rejected without any interference as regards the amount awarded to the claimant.
4. It appears that a learned Co-ordinate Bench of this Court vide an order dated 15.11.2022 while issuing notice, had noted the peculiar facts of the case and kept the appeal for final disposal.
5. Today, with consent of the parties the appeal is taken up for final disposal.
6. It appears that the learned Reference Court, for rejecting the Land Acquisition Reference Case, had come to a conclusion that the appellant- claimant could not prove that the award passed by the Collector was inadequate or disproportionate since the appellant had not led any evidence to prove that the amount of compensation awarded by the Collector was inadequate or disproportionate. This Court in this regard has considered the decisions of learned Co-ordinate Benches of this Court relied upon by learned Advocate Mr. Satta, more particularly decision of learned Coordinate Bench (Coram : Mr. A.J. Desai,J) in First Appeal No. 4699 of 2019 dated 03.10.2019 and the decision of learned Co-ordinate Bench (Coram : Mr. Aniruddha P. Mayee, J) in First Appeal No. 862 of Page 2 of 5 Downloaded on : Wed Mar 29 20:42:06 IST 2023 C/FA/1033/2023 ORDER DATED: 28/03/2023 2022 and allied matters, dated 29.06.2022.
7. Considering the aforesaid decisions of the learned Co-ordinate Benches, it appears that the learned Co-ordinate Benches have taken a view that the Competent Court, after the material which may be placed on the record by the claimant or the acquisition authorities, could decide whether the land owner was entitled to adequate compensation and whereas the learned Co-ordinate Benches had also observed that while the case would be required to be remanded back, but at the same time the claimant would not be entitled to interest from the date of the impugned judgment till the date of passing of the order by this Court.
8. Having regard to such view taken by the learned Co-ordinate Benches, therefore the impugned judgment and award deserves to be interfered with, more particularly since in the considered opinion of this Court, the Competent Court i.e. the Reference Court ought not to have rejected the Reference Case merely on the ground that the land owner did not lead any evidence and whereas it was open for the Competent Court to have taken an independent decision by relying upon the necessary documents including the award in question as well as other comparable sale instances of surrounding lands, earlier awards etc. passed with regard Page 3 of 5 Downloaded on : Wed Mar 29 20:42:06 IST 2023 C/FA/1033/2023 ORDER DATED: 28/03/2023 to lands in the near vicinity.
9. In this view of the matter, the judgment and award dated 17.03.2018 passed by the learned 13th Additional Senior Civil Judge, Jamnagar, in Land Acquisition Reference Case No. 139 of 2007, is hereby quashed and set aside. Furthermore, since it is clear that the appellant himself did not lead any evidence before the learned Reference Court, therefore it is directed that if the Reference Court makes any enhancement in the award amount, then the appellant would not be entitled to any interest for the period from the date of the impugned decision of the Reference Court till today i.e. from 17.03.2018 to 28.03.2023.
10. In view of the above order, the learned Reference Court shall hear and decide the Land Acquisition Reference Case No. 139 of 2007 and whereas the appellant herein original claimant shall lead evidence documentary as well as oral and shall further co-operate with the learned Reference Court for expeditious hearing of the Reference Case. It is also directed that the learned Reference Court shall decide the Reference Case on merits within a period of six months from the date of receipt of the present order.
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C/FA/1033/2023 ORDER DATED: 28/03/2023
11. With the above observations and directions, the present appeal stands disposed of as partly allowed.
(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia Page 5 of 5 Downloaded on : Wed Mar 29 20:42:06 IST 2023