Gujarat High Court
Suresh Hirji Malde vs State Of Gujarat on 3 February, 2021
Bench: Sonia Gokani, Sangeeta K. Vishen
C/SCA/14082/2013 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14082 of 2013
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 2 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 14082 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
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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 ?
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SURESH HIRJI MALDE & 6 other(s)
Versus
STATE OF GUJARAT & 5 other(s)
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Appearance:
MR RAJESH K SAVJANI(2225) for the Petitioner(s) No. 1,2
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3,4
MR HS MUNSHAW(495) for the Respondent(s) No. 6
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4,5
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Page 1 of 7
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C/SCA/14082/2013 JUDGMENT
Date : 03/02/2021
ORAL JUDGMENT
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1 This petition is preferred under Article 226 of the
Constitution of India challenging the award
passed by the Land Acquisition Officer on the
ground that after delayed period of 25 years of
acquiring the old tenure land bearing revenue
acres 15 gunthas situated at moje village:
Navagam Ghed, District: Jamnagar, the
respondent has acted unreasonably and in an
unjustified manner and contrary to the provisions
of the Land Acquisition Act, 1894 ("the Act" for
short).
2 This Court, has issued notice, initially, on
13.03.2014 and, thereafter, the rule was issued
on 13.02.2015. The Court also noted in its order
dated 17.06.2019 a decision rendered by the
Constitutional Bench of the Apex Court in the
C/SCA/14082/2013 JUDGMENT
case of Indore Development Authority & Etc.
& anr vs. Shyam Verma & Ors. Etc & Ors ,
(2018) 3 SCC 405.
3 After both the sides were heard, this Court
passed the order on 27.01.2021, wherein a
request had been made for withdrawal of the
matter:-
"1. This is a petition preferred seeking
following reliefs:
"8.
(A) YOUR LORDSHIPS be pleased to issue
appropriate writ, order or direction,
quashing and setting aside the impugned
award and action on the part of
respondent authorities in taking steps to
execute the award after a delayed period
of 25 years by acquiring subject land and
thereby dispossess the petitioners, who
are bonofide registered owners, as being
illegal, arbitrary, unjustified,
unreasonable, contrary to the provisions
of act, 1894, against the principles of
natural justice, as also violative of Art.14
& 19 of the Constitution of India;
(AA) YOUR LORDSHIPS be pleased to
issue a writ or any other appropriate writ,
order or direction holding and declaring
that the acquisition proceedings in respect
of the subject land have lapsed in view of
the provisions of section 24(2) of the 2013
Act, in the interest of justice and equity.
(B) YOUR LORDSHIPS be pleased to stay
C/SCA/14082/2013 JUDGMENT
implementation, operation and execution
of the impugned award and further be
pleased to direct the respondent
authorities to maintain status quo qua the
possession of the petitioners on the
subject land, pending the admission and
hearing, of this petition, in the interest of
justice;
(C) YOUR LORDSHIPS be pleased to
declare that respondent authorities are
not entitled to implement and execute the
award dtd.12.05.1988 after a delayed
period of 25 years and further be pleased
to restrain the respondents from
dispossessing the petitioner from the
subject land, in the interest of justice;
(D) YOUR LORDSHIPS be pleased to
grant such other and further relief's as
deemed fit in the interest of justice."
2. This Court lastly directed the
Corporation to bring on record the
documents essentially to establish the
payment of compensation to the petitioner
and his family.
3. Learned advocate, Mr.H.S.
Munshaw appearing for Jamnagar
Municipal Corporation has brought on
record the papers which had been
supplied to the other side.
4. Learned advocate, Mr.Rajesh
Savjani appearing for the petitioners after
going through the papers and under the
written instructions of the petitioners
fairly submits that he is not pressing this
petition.
5. Before we pass any further order,
we deem it appropriate to direct the
Corporation to confirm the taking of the
actual possession under the signature of
the senior officer vetted by the Municipal
Commissioner himself. Let the same be
placed before this Court on 03.02.2021.
Other and further order shall be passed
C/SCA/14082/2013 JUDGMENT
on that day.
6. Order of status quo directed on
13.02.2015 shall not operate against the
Corporation in wake of the submission of
the learned advocate, Mr.Rajesh Savjani.
7. Copy of this order shall on urgent
basis be provided to learned advocate,
Mr.H.S.Munshaw for onward
communication and due execution of the
order."
4 List of the documents produced on behalf of the
respondent Jamnagar Municipal Corporation,
Jamnagar clearly indicates how Shri Praful
Balkrishna Pandya, in Land Reference Case
No.36 of 1989 and allied matters, while giving the
affidavit before the Court of learned Additional
Senior Civil Judge, had accepted that the amount
of compensation, had already been received.
However, this since was quite less, he had
preferred Land Reference Case No.40 of 1989.
5 Noticing this version on the part of the petitioner
and the cross-examination made of the very
person by the learned Assistant Public
Prosecutor, request has been made on the part of
the learned advocate to withdraw this matter.
C/SCA/14082/2013 JUDGMENT
6 The Rojkam of having already taken over the
actual possession long back has been produced.
However, the physical possession, since was to be
ensured, the same has already been brought on
the record.
7 Noticing that it was a frivolous litigation, which
has been initiated by the petitioner, where it has
taken a consistent stand of not having received
the amount of compensation, the Court deems it
appropriate to permit the withdrawal with cost of
imposition of Rs.25,000(Rupees Twenty Five
Thousand only) .
8 Petition stands disposed of as withdrawn.
Civil Application No. 2 of 2020 in Special
Civil Application No. 14082 of 2013
In view of the withdrawal of the main matter
i.e. Special Civil Application No. 14082 of 2013,
the present civil application stands disposed of
accordingly.
C/SCA/14082/2013 JUDGMENT
(MS. SONIA GOKANI, J. )
(SANGEETA K. VISHEN,J)
SUDHIR
