Manjuben Bhagubhai Patel vs The Competent Authority And ...
2021 Latest Caselaw 18750 Guj

      C/SCA/12908/2019                                ORDER DATED: 24/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 12908 of 2019
                               With
          R/SPECIAL CIVIL APPLICATION NO. 12867 of 2019
                               With
  CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
                                In
          R/SPECIAL CIVIL APPLICATION NO. 12867 of 2019
                               With
          R/SPECIAL CIVIL APPLICATION NO. 12925 of 2019
                               With
  CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
                                In
          R/SPECIAL CIVIL APPLICATION NO. 12925 of 2019
===========================================================

MANJUBEN BHAGUBHAI PATEL Versus THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER =========================================================== Appearance:

MR MEHULSHARAD SHAH(773) for the Petitioner(s) No. 1,2 MR TIRTHRAJ PANDYA ASSISTANT GOVERNMENT PLEADER for the

MS ARCHANA U AMIN(2462) for the Respondent(s) No. 2

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

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

Date : 24/12/2021

ORAL COMMON ORDER

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

1. Though matters are listed for 'for orders', by consent of learned advocates appearing for the parties, it is taken up for final disposal.

2. We have heard Mr. Mehul Sharad Shah, learned counsel appearing for the petitioners and Ms. Archana U. Amin, learned counsel appearing for respondent no. 2.

C/SCA/12908/2019 ORDER DATED: 24/12/2021

3. Petitioners, who claim to be the owners of certain lands, being aggrieved by the acquisition of the lands, had sought for payment of compensation and sought for Reference of their claims before the Arbitrator appointed under Section 20F of the Railways Act, 1989 and initially had sought for a writ of mandamus to direct the first respondent to award compensation for lemon trees which was said to be standing on the said lands on the date of acquisition. Subsequently, by amendment carried out on 17.09.2019, petitioners have also sought for a writ of mandamus to direct the Arbitrator, who has been appointed under Section 20F of the Railways Act, 1989 to adjudicate the References and have also sought for declaring the acquisition proceedings as having lapsed and the lands of the petitioners situated in the respective survey numbers of Village : Safetpura, Taluka : Kudsad, District : Olpad, are released from the acquisition. At this juncture, the learned counsel appearing for the petitioners, has fairly submitted prayer B2 is not pressed. His submission is placed on record and accordingly, prayer B2 is dismissed as having not been pressed.

4. Insofar, prayed B1 is concerned, it relates to direction sought to the Arbitrator to adjudicate and decide the References. It would emerge from the records that in respect of the lands which have been acquired, there is already a Reference in Reference Nos. 33/2014, 35/2014 and 36/2014. Likewise in respect of the purported determination of the compensation for lemon trees said to have been in existence in the lands of petitioners as on the date of acquisition, References have been made to the Arbitrator under Section 20F of the Act in Reference Nos. 77/2014, 79/2014 and 80/2014. All these References, according to the learned counsel appearing for the Railways, is said to have been adjudicated on 28.09.2021 and matters are reserved for passing the orders. To a pointed question to Ms.

C/SCA/12908/2019 ORDER DATED: 24/12/2021

Archana Amin, learned counsel appearing for the Railways, as to whether Arbitrator has heard and reserved all these six (6) References for orders, she says in the affirmative.

5. In that view of the matter, we are of the considered view, it would suffice to place her submission on record and direct the Arbitrator to pronounce the judgment in all these References expeditiously at any rate within an outer-limit of four (4) weeks from today. In the event of the References having not been heard, or it is still pending for being heard, the learned Arbitrator shall hear these matters and dispose of the same expeditiously and at any rate within an outer-limit of four (4) weeks from today. Accordingly, all these Special Civil Applications stand disposed of. Consequently, all the pending Civil Applications stand consigned to records.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni