Vaghela Jenubha Jasmatsang vs State Of Gujarat
2021 Latest Caselaw 18715 Guj

      C/SCA/3549/2018                                      JUDGMENT DATED: 23/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 3549 of 2018
                                             With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
                              In
          R/SPECIAL CIVIL APPLICATION NO. 3549 of 2018


FOR APPROVAL AND SIGNATURE:


HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR

and

HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

==================================================================

1      Whether Reporters of Local Papers may be allowed to see the
       judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy of the
       judgment ?

4      Whether this case involves a substantial question of law as to
       the interpretation of the Constitution of India or any order made
       thereunder ?

==================================================================
                   VAGHELA JENUBHA JASMATSANG & 7 other(s)
                                   Versus
                             STATE OF GUJARAT
==================================================================
Appearance:
MR APURVA R KAPADIA(5012) for the Petitioner(s) No. 1, 2,3,4,5,6,7,8
MR K.M. ANTANI, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1,2
==================================================================

CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                                     and
            HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                                     Date : 23/12/2021



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      C/SCA/3549/2018                             JUDGMENT DATED: 23/12/2021



                             ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. The petitioners are seeking of writ of mandamus to the respondents

to pay interest to the petitioners as envisaged under Section 30(3) and

Section 80 of the Right to Fair Compensation and Transparency in land

Acquisition, Rehabilitation and Resettlement Act, 2013.

2. We have heard Mr. Apurva R. Kapadia, learned counsel appearing

for the petitioners and Mr. K.M. Antani, learned Assistant Government

Pleader appearing for respondent Nos.1 and 2.

3. It is an undisputed fact that during the month of November 2004,

possession of agricultural lands of different survey numbers, situated at

Village: Chekhala, Taluka: Sanand, District: Ahmedabad was taken over

by respondent No.3 for the purposes of construction of Narmada Canal

without resorting to the acquisition proceedings under the Land

Acquisition Act, 1894. In other words, action of respondent No.3 was in

contravention of Article 300A of the Constitution of India by asserting

might his right, the State exercising eminent domain and took away the

lands belonging to the petitioners. It is stated that ad hoc compensation

came to be paid to the petitioners in the year 2009 to the tune of

Rs.2,27,904/-. It is thereafter a notification dated 30.03.2011 came to be

published in Official Gazette on 27.04.2011 followed by declaration

C/SCA/3549/2018 JUDGMENT DATED: 23/12/2021

under Section 6 of the Act of 1894 on 29.06.2011 published in the

Official Gazette on 21.07.2011. However, no award was passed within

the period prescribed. In the interregnum, the new Act viz. the Act of

2013 came into force and it is in this background, the petitioners

approached this Court in Special Civil Application No.18067 of 2015 and

this Court, by order dated 10.12.2015, allowed the petition and directed

the respondents to comply with the provisions of the Act of 2013 and to

pass award. Pursuant to the same, an award came to be passed under

Section 23 of the Act of 2013 on 31.01.2018 vide Annexure-C. On the

ground that interest has not been paid from the date of taking

compensation of the land, the petitioners are before this Court invoking

extraordinary jurisdiction of this Court challenging the award.

Undisputedly, under Section 64 of the Act of 2013, the petitioners have

alternate and efficacious remedy available. Hence, liberty is granted to

petitioners to urge all grounds including grounds urged in the petition in

the said proceedings. That apart, petitioners would also at liberty to file

an appropriate suit seeking damages against the State for having taken

possession of the land without resorting to acquisition proceedings. In

the event of the petitioners filing a suit within three months from today,

the jurisdictional Court shall not insist for limitation and particularly in

view of the hard stand taken by the State in refusing to grant interest from

the date of taking possession of the land. Hence, reserving liberty to the

C/SCA/3549/2018 JUDGMENT DATED: 23/12/2021

petitioners to file suit as well as to challenge the award by seeking

reference under Section 64 of the Act of 2013, this petition stands

disposed of.

4. Consequently, Civil Application No.1 of 2021 does not survive for

consideration and it stands rejected.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) Bharat