Gujarat Industrial Development ... vs Laxmiben Natverbhai Patel
2021 Latest Caselaw 1948 Guj

         C/FA/2504/2019                                         ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/FIRST APPEAL NO. 2504 of 2019
                               With
            CIVIL APPLICATION (FOR STAY) NO. 4 of 2018
                 In R/FIRST APPEAL NO. 2504 of 2019
================================================================
        GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION
                            Versus
            LAXMIBEN NATVERBHAI PATEL & 4 other(s)
================================================================
Appearance:
MR CHINMAY M GANDHI(3979) for the Appellant(s) No. 1
MR MB GANDHI(326) for the Appellant(s) No. 1
MR MANAN A SHAH(5412) for the Defendant(s) No. 1,2,4
NOTICE SERVED(4) for the Defendant(s) No. 5
UNSERVED EXPIRED (N)(9) for the Defendant(s) No. 3
================================================================
 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 10/02/2021
                       ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present appeal has been preferred by Gujarat Industrial Development Corporation (hereinafter referred to as 'GIDC') under section 54 of the Land Acquisition Act, 1984 read with Section 96, Order XLI (41), Rule 1 of the Code of Civil Procedure, being aggrieved by the judgment and order dated 29.04.2017 passed by 8th Additional Senior Civil Judge, Surat, whereby compensation has been enhanced in reference case from Rs.1,400/­ to Rs.2,000/­ Per Are. It is lamented by the appellant that this has been done by the Court without there being any evidence, oral as well as documentary.

2.     The     acquisition         of          land    for      industrial
project      at      Hajira     road       was        contemplated             and





        C/FA/2504/2019                                             ORDER



accordingly         at        Lichhapore,            Taluka         Choryasi,

District Surat, the notification under section 4 of the Land Acquisition Act, 1984 had been issued on 22.01.1987 and after hearing the objections raised by the other side, the award came to be passed by the Special Land Acquisition Officer on 23.03.1990, where compensation awarded was Rs.600/­ per Are (i.e. Rs.6 per sq. meter). Reference under section 18 of the Land Acquisition Act was preferred by the original claimants, where the Reference Court granted additional amount of Rs.1,400/­ Per Are compensation holding that the amount granted by the Land Acquisition Officer as insufficient and inadequate.

3. Though various grounds have been raised by the appellant in the Appeal, the primary ground raised is of the original claimants not having appeared before the Court at the time of final disposal, despite of due service of notice. The Reference Court has also granted the liberty to the claimants to adduce the evidence, oral as well as documentary. However, neither the same has been adduced before the Court nor has anyone entered the witness box.

4. It is, therefore, urged that the rise in the compensation as awarded by the Reference Court

C/FA/2504/2019 ORDER

without discussion of any evidence is required to be set aside and the matter may be remanded back.

5. The question that arises for the determination, therefore, is as to whether an indulgence is necessary in the judgment and order of the Reference Court enhancing the compensation from Rs.600/­ to Rs.2,000/­ Per Are without any evidence, oral or documentary ?

6. This issue arising from the same judgement has been considered by Coordinate Bench of this Court vide order dated 20.08.2019 in First Appeal No.145 of 2019 and other allied matters.

7. On a careful examination of the material on record and the judgment and award which has been passed by the court concerned, this court notices that the enhancement of the compensation is without adducement of the evidence on the part of the original claimants - respondents herein. The Court also notices that non­adducement on the part of the present appellant has also been made a ground by the court which was unnecessary and unacceptable as there was no evidence virtually, oral as well as documentary on the part of the respondents - claimants.

         C/FA/2504/2019                                           ORDER



7.1   Without            entering      into       the    merits         of      the

matter, the Court deems it appropriate to remand the matter to the Reference Court by setting aside the impugned judgment and award to adjudicate the issue of enhanced compensation on the basis of evidence as may be adduced in the reference case. Accordingly, the following order is passed:

8. The appeal is allowed, by quashing and setting aside the impugned judgment and award passed by 8th Senior Civil Judge at Surat.

8.1 The matter is remanded back to the Reference Court. Let the very reference be remitted with the very number and tried in accordance with law.

8.2 The parties shall remain present before the concerned Reference Court on 15.03.2021 at 11:00 a.m. for proceeding with the matter. The Court concerned shall grant the date suitable to the Court then onwards.

8.3 Registry shall ensure that R & P, if at all called, shall be sent back to the Reference Court on urgent basis.

8.4 Both the sides shall cooperate in proceeding with the matter on expeditious basis.

C/FA/2504/2019 ORDER

8.5 The Reference Court shall attempt as far as possible to complete the entire process, including the adducement of the evidence and the

(twelve) weeks.

9. Cost of this appeal shall be borne by the respective parties. The Appeal is disposed of accordingly.

Sd/­ (N.V.ANJARIA,J)

Sd/­ (A.S.SUPEHIA,J) Bhavesh-[pps]*