Gujarat High Court
Goswami Laxmangiri Hiragiri vs State Of Gujarat on 16 November, 2021
Bench: A.G.Uraizee
C/FA/3297/2021 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3297 of 2021
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
In
R/FIRST APPEAL NO. 3297 of 2021
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GOSWAMI LAXMANGIRI HIRAGIRI
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Appellant(s) No. 1,2,3,4,5
for the Defendant(s) No. 1,2
DELETED(20) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 16/11/2021
ORAL ORDER
1. Heard Mr. Manish S. Shah, learned advocate for the
appellants.
2. Admit. Mr. Manraj Barot, learned AGP waives service
of notice of admission on behalf of the respondents.
3. Since the present appeal is covered by earlier
decisions of this Court which are in respect of the selfsame
judgment and award, the appeal is taken up for final
disposal with consent of learned advocates for the parties.
4. The appellant has preferred present appeal under
Section 96 of the Code of Civil Procedure, 1908 ('the
Code' for short) to assail the judgment and award dated
31.03.2016 passed by learned Principal Senior Civil Judge,
Modasa in Reference Case No.861/2010.
5. It is an undisputed fact that the impugned judgment
and award is the common judgment and award passed in
LAR No.851/2010 and allied Reference Cases. The
Reference Case No.861/2010 which is the subject matter of
C/FA/3297/2021 ORDER DATED: 16/11/2021
present appeal is one of the Reference Cases of the said
group of Reference Cases.
6. It is also not in dispute that amongst the said group
of references, the disputes arising out of Reference Cases
No.866/2010, 859/2010 and 862/2010 have been decided
by this Court by common judgment and order dated
18.02.2019 while dispute arising out of Reference Case
NO.857/2010 is decided by order dated 12.04.2019.
7. Mr. Manish Shah, learned advocate for the appellant
has tendered a copy of common judgment rendered in
First Appeal No.4804/2018 and allied appeals decided on
18.02.2019. Since this judgment decides the controversy
involved in the present appeal, the entire judgment is
reproduced which is as infra:-
"1. These appeals are filed against the common
judgment and award dated 31.03.2016 passed by the
Principal Senior Civil Judge and Additional Chief
Judicial Magistrate, Modasa, in new Land Acquisition
Reference Case Nos.866 of 2010, 859 of 2010, and 862
of 2010.
2. Heard learned advocate Mr. Manish S. Shah for
the appellants and learned Assistant Government Pleaders
Ms. Ritu Guru for the respondents in First Appeal
No.4804 of 2018 and Mr. Bhargav Pandya for
respondents in First Appeal Nos.4822 and 4806 of 2018.
3. Learned advocate for the appellants submitted that
the land in question situated at Village Aakrund, Taluka
Dhansura, District Arvalli came to be acquired under the
provisions of the Land Acquisition Act, 1894 (hereinafter
referred to as "the Act") for public purpose Sujlam
Suflam Spreading Canal. That Notification under Section
4 of the Act came to be published on 22.11.2004. A
declaration under Section 6 of the Act came to be
issued/published on 13.01.2005. The Land Acquisition
C/FA/3297/2021 ORDER DATED: 16/11/2021
Officer declared the award under Section 11 of the Act
on 29.06.2005 and awarded the compensation at the rate
of Rs.8 per sq. meter. As the claimants were dissatisfied
with the amount of compensation awarded by the Land
Acquisition Officer at Rs.8/- per sq. meter, at their
instance, references under Section 18 of the Act were
made to the District Court, Sabarkantha and by the
impugned judgment and award, the learned Reference
Court has partly allowed the aforesaid references and
awarded the compensation at Rs.125/- per sq. meter
with all other statutory benefits which may be available
to the claimants under the provisions of the Act.
3.1 Learned advocate for the appellants
thereafter pointed out that Land Acquisition Reference
Case Nos.866 of 2010, 859 of 2010 and 862 of 2010 was
decided by the Principal Senior Civil Judge, Modasa
along with Land Acquisition Reference Case No.851 of
2010 and other reference cases. It is submitted that so
far as Land Acquisition Reference Case No.851 of 2010 is
concerned, the judgment and award passed by the
Reference Court was challenged by the concerned
claimant by filing First Appeal No.3306 of 2018. It is
submitted that this Court, by an order dated 11.09.2018,
partly allowed the said appeal and, thereby, awarded
Rs.210/- per sq. meter with all other statutory benefits.
It is submitted that present cases are squarely covered
by the aforesaid order passed by this Court.
4. On the other hand, learned Assistant Government
Pleaders, after verifying the record, fairly submitted that
the present cases are covered by the order dated
11.09.2018 passed by this Court in First Appeal No.3306
of 2018.
5. Having heard learned advocates appearing for the
parties and having gone through the material produced
on record, it transpires that the Principal Senior Civil
Judge, Modasa, decided Land Acquisition Reference Case
No.851 of 2010 along with other reference cases
including Land Acquisition Reference Case Nos. 866 of
2010, 859 of 2010 and 862 of 2010 by a common
judgment and award dated 31.03.2016. The Reference
Court awarded Rs.125/- per sq. meter to the concerned
claimants including the present appellants. It is further
revealed that the claimant of Land Acquisition Reference
C/FA/3297/2021 ORDER DATED: 16/11/2021
Case No.851 of 2010 filed First Appeal No.3306 of 2018
for enhancement of the amount awarded by the
Reference Court. This Court, by an order dated
11.09.2018, partly allowed the said appeal. By an order
dated 11.09.2018, this Court has observed in Paragraphs
4 and 5 as under:
[4.0] Considering the overall facts and
circumstances, when with respect to the acquired lands
of village Khilidiya, for which Reference Court has
awarded Rs.204/(2106) for open land and the said
village is at the distance of 3 KM only to the land in
question of village Aakrund and the lands were acquired
for the very project and considering the fact that no
appeals are preferred by the Government against that
awards, I am of the view that the appellant herein is
also entitled to the same amount of compensation.
[5.0] In view of the above and for the reasons
stated above, this First Appeal succeed in part and it is
held that the claimant shall be entitled to the
compensation at the rate of Rs.210/- per sq. meter [in
all] with all other statutory benefits, which may be
available to the claimants under the provisions of the
Act as awarded by the learned Reference Court in the
impugned judgment and awards. Impugned judgment
and awards dated 31.03.2016 passed in Land Acquisition
Reference Case No.851/2010 is hereby modified to the
aforesaid extent. This First Appeal is partly allowed to
the aforesaid extent. In the facts and circumstances of
the case, there shall be no order as to costs."
6. From the material produced on record, it is
revealed that the present cases are squarely covered by
the aforesaid order. Accordingly, the present appeals are
partly allowed. The appellants - claimants shall be
entitled to the compensation at the rate of Rs.210/- per
sq. meter with all statutory benefits, which may be
available to the claimants under the provisions of the
Act, as awarded by the Reference Court in the impugned
judgment and award. Thus, the impugned common
judgment and award dated 31.03.2016 passed by the
concerned Court in Land Acquisition Reference Case Nos.
866 of 2010, 859 of 2010 and 862 of 2010 is modified
to the aforesaid extent."
C/FA/3297/2021 ORDER DATED: 16/11/2021
8. This Court by order dated 12.04.2019 disposed of
First Appeal No.1574/2019 arising from reference case
No.857/2010 in terms of the aforesaid judgment of this
Court dated 18.02.2019.
9. It is thus eminently clear that the reference case
No.861/2010 which is the subject matter of the present
appeal and other reference cases which are decided by this
Court by judgment and order dated 18.02.2019 and order
dated 12.04.2019 had emanates from the same group of
Reference Case.
10. This Court is therefore of the view that common
judgment dated 18.02.2019 rendered in First Appeal
No.4804/2018, 4822/2018 and 4806/2018 shall also
governed the present appeal.
11. The present appeal is, accordingly, allowed in terms
of the said judgment.
12. Connected Civil Application NO.1/2021 (under office
objection) does not survive as the main appeal is disposed
of.
(A.G.URAIZEE, J)
Manoj
