Special Land Acquisition Officer vs Bakabhai Kacharabhai Patel
2021 Latest Caselaw 18095 Guj

     C/FA/2463/2012                                  ORDER DATED: 06/12/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/FIRST APPEAL NO. 2463 of 2012
                                 With
                    R/FIRST APPEAL NO. 2469 of 2012
                                 With
                    R/FIRST APPEAL NO. 2472 of 2012
                                 With
                    R/FIRST APPEAL NO. 2473 of 2012
                                 With
                  R/CROSS OBJECTION NO. 27 of 2013
                                  In
                     FIRST APPEAL NO. 2463 of 2012
                                 With
                  R/CROSS OBJECTION NO. 28 of 2013
                                 With
                  R/CROSS OBJECTION NO. 29 of 2013
                                 With
                  R/CROSS OBJECTION NO. 30 of 2013
                                 With
                  R/CROSS OBJECTION NO. 31 of 2013
                                 With
                  R/CROSS OBJECTION NO. 32 of 2013
                                 With
                  R/CROSS OBJECTION NO. 33 of 2013
                                 With
                  R/CROSS OBJECTION NO. 34 of 2013
                                 With
                  R/CROSS OBJECTION NO. 35 of 2013
                                 With
                   R/CIVIL APPLICATION NO. 1 of 2019
                                 With
                   R/CIVIL APPLICATION NO. 2 of 2019
                                 With
                  R/CROSS OBJECTION NO. 36 of 2013
                                 With
                  R/CROSS OBJECTION NO. 37 of 2013
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                   SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
                                           Versus
                       BAKABHAI KACHARABHAI PATEL & 2 other(s)
==============================================================================
Appearance:
GOVERNMENT PLEADER(1) for the Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1,2,3
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 06/12/2021
                COMMON ORAL ORDER

1. Common judgment and order dated 30.09.2010 passed by learned Senior Civil Judge in LAR No.39 to 49 is the

C/FA/2463/2012 ORDER DATED: 06/12/2021

subject matter of challenge in this clutch of First Appeal by the appellant - State and Cross Objections by the claimants.

2. The facts giving rise to filing of these appeals are not many and move in a narrow compass the lands belonging to the original claimants situated at village Shahpur, Taluka and District Gandhinagar, were sought to be acquired by the State Government for the public purpose of approach road and bridge of Indroda-Shahpur. Notification under section 4 of the Act was published on 12.09.1996 and notification under section 6 of the Act was published on 02.01.1997. The proceedings so initiated culminated into an award under section 11(1) of the Act awarding Rs.8/- per sq. mtr. as compensation for the acquired lands. As compensation offered to the claimants was very meagre, the claimants preferred references under Section 18 of the said Act which came to be heard and decided by the Reference Court by the impugned judgment and award awarding additional compensation @ Rs.104/- per sq. mtr. with additional compensation under section 23(1A) at the rate of 12% per annum on the market value from the date of Notification under section 4 of the Act till the date of award of the Land Acquisition Officer or from the date of taking over possession of land, whichever is earlier and 30% solatium under section 23(2) of the Act on the market value of the acquired land. The claimants were also awarded interest under section 28 of the Act on the aggregate amount with solatium of acquired lands at the rate of 9% per annum from the date of taking possession or from the date of award, whichever is earlier, till one year and thereafter, at the rate of 15% per annum till its realization.

3. I have heard Mr. Manraj Barot, learned AGP for the appellant and Mr. A.V. Prajapati, learned advocate for the claimants.

C/FA/2463/2012 ORDER DATED: 06/12/2021

4. Mr. Barot, learned AGP submits that earlier order dated 21.09.2017 passed by the reference Court in LAQ (Reference) No.360/1998 and cognate references in respect of the same village were decided by the reference Court. He further submits that this judgment and orders were challenged by the State in this Court by filing Appeal No.433/2009 and allied appeals. He further submits that this Court by common judgment and order dated 27.07.2015 was pleased to remand the matter to reference Court for fresh consideration in light of the observations made therein. He, therefore, submits that this bunch of appeals and cross objections may also be remanded to the reference Court for fresh consideration.

5. Mr. Prajapati, learned advocate confirms that this in earlier round of appeals emanates from the same village. This Court has remanded matter to the reference Court. He further submits that upon remand, the reference Court has again finally disposed of the reference cases by enhancing the compensation. He further submits that State has accepted the award and also paid compensation to the claimants. He, therefore, also submits that the present group of appeals and cross objections may be remanded to the reference Court for fresh consideration.

6. It appears from the impugned judgment and order of the reference Court that the compensation has determined by it on the basis of earlier comparable award rendered in LAR No.360/1998 and allied references emanating from the same village i.e. Shahpur. The State had challenged the judgment and award of the reference Court by filing First Appeal No.443 of 2009 and cognate appeals. This Court by common judgment and order dated 27.07.2015 remanded the matter to the reference Court for fresh consideration as the reference Court could not considered sell instance of lands of village - Sargasan which is nearer to village - Shahpur as the appeals preferred against the decision of

C/FA/2463/2012 ORDER DATED: 06/12/2021

reference Court were pending before this Court. This had caused great prejudice to the claimants as the award of village - Sargasan was not considered by the reference Court owing to pendency of the appeals.

7. As submitted by Mr. Prajapati, learned advocate upon remand the reference Court has once again finally dispose of the reference and has enhanced the compensation. Mr. Barot, learned AGP could not dispute the fact that State has accepted the award and also paid the compensation.

8. In view of the above, I am of the considered view that the present appeals deserves to be considered afresh by the reference Court.

9. For the foregoing reasons, the appeals and cross objections are partly allowed. The impugned common judgment and order dated 27.05.2015 passed by the reference Court is quashed and set aside. The matters are remitted to the reference Court for fresh consideration in light of the above observations.

10. The reference Court is directed to decide the matters independently on its own merits as expeditiously as possible but not later than 30th April, 2022.

11. It is clarified that this Court has not examined the merits of the case.

Order in C.A. No.1/2019 In X-Objection No.35/2013 Heard Mr. A.V. Prajapati, learned advocate for the applicant and Mr. Manraj Barot, learned AGP for the respondent.

This application to bring legal heirs of original applicant No.1.2, who passed on 5.11.2015 during the pendency of the Cross Objection.

C/FA/2463/2012 ORDER DATED: 06/12/2021

Considering the averments, the present application is allowed in terms of para-4(A). Amendment forthwith. Present application stands disposed of.

Order in C.A. No.2/2019 In X-Objection No.35/2013 Heard Mr. A.V. Prajapati, learned advocate for the applicant and Mr. Manraj Barot, learned AGP for the respondent.

This application under Section 5 of Limitation Act to condone the delay which has occurred in preferring an application to bring legal heirs of deceased - applicant No.1.5of the Cross Objection.

Having considered the submissions of learned advocates and having considered the averments, the present application is allowed. Delay which has occurred in preferring an application to bring the legal heirs on record is condoned. Present application stands disposed of.

(A.G.URAIZEE, J)

Manoj