Arjunsinh Chatursinh Chudasma vs Dy. Collector And Special Land ...
2021 Latest Caselaw 135 Guj

         C/SCA/16907/2020                                  ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 16907 of 2020
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              ARJUNSINH CHATURSINH CHUDASMA
                            Versus
    DY. COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER,
                      NARMADA YOJANA
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Appearance:
MR GM AMIN(124) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                      Date : 06/01/2021
                       ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Leave to amend the date of registered sale deed at paragraph No.3.3 as 23.04.2007 and not 23.04.2017.

2. This is a petition under Article 226 of the Constitution of India seeking the following reliefs:

"15.

A) This Hon'ble Court may be pleased to admit this petition B) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction quashing and setting aside impugned order at Annexure-A and direct respondent to pay compensation to the petitioner of his land situated at village Kharad, Taluka Dhandhuka, Dist.Ahmedabad bearing Survey No.934 admeasuring 0- 21-62 sq. meters as per the judgment of the reference court at Rs.80 per Sq.meter.

C) This Hon'ble Court may be pleased to direct the respondents to award interest at 18% on the aforestated compensation amount D) This Hon'ble Court may be pleased to grant any

C/SCA/16907/2020 ORDER

such and further orders as may be deemed just and proper."

3. The petitioner is aggrieved by the rejection of his application under Section 28A of the Land Acquisition Act by the respondent on dated 26.11.2019. This is in relation to the land situated at village Kharad, Taluka Dhandhuka, District Ahmedabad bearing Survey No. 934 admeasuring 0-21-62 square meters which is acquired for distributory of Narmada Yojana by Award No.59 of 2019.

4. The compensation offered to the owners was meager and therefore, the Land Reference Case under Section 18 of the Land Acquisition Act continued and where the large number of matters were decided by way of Lok Adalat and the consent decree was passed. One of them was Land Reference Case No.594 of 2012 decided on 08.07.2017 with other Land Reference Cases in Lok Adalat.

5. The petitioner preferred an application under Section 28 A of the Land Acquisition Act on 29.07.2017. During the course of hearing on 21.06.2018 and 11.10.2019, the respondent raised certain queries and called for more informations. It was realized that the petitioner has already sold the land to one Bhikhabhai Jasmatbhai by registered sale deed on dated 23.04.2007; however, the name of the petitioner continued in the Award declared by the respondent under Section 11 of the Land Acquisition Act and the compensation was also received by the petitioner and the possession was handed over by the petitioner. It is further mentioned that the purchaser had given his no objection about additional amount of compensation being given to the petitioner.

6. Respondent Authorities rejected the request of additional compensation on the ground that the sale has already been effected in the year 2007 and the petitioner has no interest left in the property and thus, the Collector has chosen not to entertain or accede to the request

C/SCA/16907/2020 ORDER

of the present petitioner.

7. We have heard the learned advocate Mr. G. M. Amin and on advance copy being served to Mr. Jayneel Parikh, learned Assistant Government Pleader, he has also assisted the Court.

8. Noticing the fact that the registered sale deed has been effected in favour of Bhikhabhai Jasmatbhai in relation to land on 23.04.2007 and the award has been published in the year 2012 on 18.04.2012, the name of the present petitioner had continued in the revenue record and also in the award published. The fact remains that the registered owner of the property in question is the buyer Bhikhabhai Jasmatbhai who has given his no objection to the additional amount of compensation being given to Arjunsinh Chatursinh, the present petitioner. However, that also will have no bearing as the petitioner would have no right, title or interest in the subject matter of property and therefore, both the original compensation and additional compensation if there be any shall need to be given to the Bhikhabhai Jasmatbhai, as per the law and not to the present petitioner. No error is committed by the respondents much less any illegality for any indulgence on the part of the Court.

9. The petition is not entertained and hence, rejected.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) RAVI P. PATEL