Gujarat High Court
Jagmalbhai Bhemabhai Patel vs Nitiben Charan, Special Land ... on 6 May, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/439/2025 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 439 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 15292 of 2022
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JAGMALBHAI BHEMABHAI PATEL
Versus
NITIBEN CHARAN, SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR.DIPAK B PATEL(3744) for the Applicant(s) No. 1
MR. KM ANTANI(6547) for the Opponent(s) No. 2
NOTICE SERVED BY DS for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 06/05/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Learned Advocate Mr.Patel for the applicant has submitted that respondent or the State has passed the award dated 23/04/2025 which is illegal and runs contrary to the directions issued by this Court as well as contrary to their own correspondence dated 25/10/2023.
2. At this stage, we may refer to the directions issued by the co- ordinate Bench of this Court in the order dated 01/09/2022 by which it is alleged that there is complete definace by the respondent. The said directions read as under:
"(i) Special Civil Application is allowed in part.
(ii) A direction is issued to the respondents to conclude the acquisition proceedings under Act 2013 within six months from the date of receipt of copy Page 1 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed May 07 2025 Downloaded on : Thu May 08 01:29:03 IST 2025 NEUTRAL CITATION C/MCA/439/2025 ORDER DATED: 06/05/2025 undefined of this order including publication of the declaration under section 19.
(iii) However, it would not come in the way of State entering into a sale deed with the respective petitioners land owners and subject to the said land owners agreeing for executing sale deed in favour of the State and if so, the direction issued hereinabove would not be required to be complied by the respondents State."
3. The present application is confined to the direction no.2 as referred hereinabove. A bare perusal of the directions issued by this Court would reveal that this Court has only directed to the respondent to conclude the acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013within a period of six months. The Court has not delved into the legality or illegality of the acquisition proceedings. It is the case of the applicant that pursuant to the issuance of the notice by this Court, the respondent has passed the award dated 23/04/2025 which is illegal and contrary to their own correspondence.
4. At this stage, we may refer to the observations made by the Hon'ble Supreme Court in the case V.Senthur Vs. M.Vijaykumar, 2021 Scale 11 566, wherein the Apex Court in paragraph No.14 has observed thus:
"14. There can be no quarrel with the proposition that in a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not to be found in the original judgment and order. The court is only concerned with the wilful or deliberate non-compliance of the directions issued in the original judgment and order."Page 2 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed May 07 2025 Downloaded on : Thu May 08 01:29:03 IST 2025
NEUTRAL CITATION C/MCA/439/2025 ORDER DATED: 06/05/2025 undefined
5. In light of the aforesaid decision of the Hon'ble Supreme Court, we can not delve into the legality or illegality of the award while examining the present proceedings. However, we clarify that it would be open for the applicant to file appropriate proceedings before the appropriate Court for challenging the aforesaid award.
6. Accordingly, present application is disposed of.
(A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura/sr.no.10 Page 3 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed May 07 2025 Downloaded on : Thu May 08 01:29:03 IST 2025