Gujarat High Court

Gajendrabhai Rambhai Odedara vs State Of Gujarat on 6 September, 2021

Bench: Biren Vaishnav

     C/SCA/9724/2021                              ORDER DATED: 06/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 9724 of 2021
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                       GAJENDRABHAI RAMBHAI ODEDARA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR HR PRAJAPATI(674) for the Petitioner(s) No. 1,2,3
MS NISHKA H PRAJAPATI(10717) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 2,3
MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER ASSISTED
BY MR TIRTHRAJ PANDYA, AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 06/09/2021
                               ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1. By way of this petition under Article 226 of the

Constitution of India, the petitioners have prayed

for the following main relief :

"10(a) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order and/or direction and be pleased to direct the respondent authorities to forthwith make full payment of compensation Rs.4,28,67,585.05 ps. (Rupees Four Crores Twenty Eight Lacs Sixty Seven Thousand Five Hundred Eighty Five and Five paisa) decided by the Reference Court in Land Reference Case No.21/2006 under the Land Acquisition Act, 1894, with interest from the date of judgment and order dated 25.09.2018 passed by the Reference Court;"

C/SCA/9724/2021 ORDER DATED: 06/09/2021

2. Heard Mr.H.R.Prajapati, learned counsel for the

petitioners and Ms.Manisha Lavkumar Shah, learned

Government Pleader with Mr.Tirthraj Pandya, learned

Assistant Government Pleader for the respondent State

authorities.

3. The following facts emerge from the record of

the petition. That the petitioners were owners of

land bearing Survey No.143 part, admeasuring 01-12-30

Hectare-Aare-sq.mtrs. of land situated at Village

Moti Khavdi, Taluka and District Jamnagar. The land

belonging to the petitioners was sought to be

acquired for the public purpose of Jamnagar-Vadinar

State Four Lane road vide Notification dated

29.08.2002 issued under Section 4(1) of the Land

Acquisition Act, 1894. After scrupulously following

the procedure as prescribed under the Act, the land

acquisition proceedings so initiated culminated into

an award passed by the Land Acquisition Officer which

was made and declared on 21.03.2005. The Land

Acquisition Officer determined the market value of

the land under acquisition belonging to the

petitioners at Rs.20/- per sq.meter. The record

C/SCA/9724/2021 ORDER DATED: 06/09/2021

indicates that the possession of the land belonging

to the petitioners was taken over on 30.05.2005. As

the petitioners being the owners of the land in

question were dissatisfied with the market value so

fixed by the Land Acquisition Officer filed an

application before the Land Acquisition Officer as

provided under Section 18 of the Act, which came to

be referred to the Reference Court and the same was

registered as Land Reference Case No.21 of 2006

before the District Court at Jamnagar.

4. By a judgment and order dated 25.09.2018, the

Land Reference Court was pleased to partly-allow the

Reference Application filed by the petitioners and

awarded total compensation of Rs.4,28,67,585.05ps.

(Rupees Four Crores Twenty Eight Lakhs Sixty Seven

Thousand Five Hundred Eighty Five and Five paise

only) and thus determined the market value of the

land under acquisition at Rs.800/- per sq.meter. Even

after the judgment rendered in the Reference, the

compensation was not paid and therefore several

requests were made and as the said requests were not

acceded to by the respondent authorities, the present

C/SCA/9724/2021 ORDER DATED: 06/09/2021

petition came to be filed with the prayer as observed

hereinabove.

5. At this stage, it would be pertinent to note

that the present petition was preferred under Article

226 of the Constitution of India on 06.07.2021. The

coordinate Bench of this Court passed the following

order after hearing the parties on 25.08.2021 :

"1. Pursuant to our order dated 23.08.2021, Mr. S.B. Vasava serving as Secretary to the Government of Gujarat, R & B Department, Sachivalaya, Gandhinagar is present and duly represented by Ms. Manisha Lavkumar Shah, learned Government Pleader and Ms. Shruti Pathak, learned AGP.

2. An affidavit has also been filed by Mr. Vasava. As per the contents of the affidavit, initially after the judgement of the Reference Court dated 25.09.2018, opinion was called to file an appeal challenging the said judgement of the Reference Court. However, despite two opinions, one from the learned AGP and one from the department and also the recommendation of the Committee concerned to file an appeal, the appeal could not be filed. Today, the stand is that in view of the inordinate delay, the State has decided not to file an appeal and to ensure compliance of the Reference Court's order dated 25.09.2018.

3. Paras 7 to 9 of the affidavit give details of the subsequent decision as also forwarding of a proposal to the revenue department for taking necessary decision regarding the financial aspect. Thereafter, revised proposal is said to have been received by the R & B department on 23.08.2021 for paying an amount of compensation

C/SCA/9724/2021 ORDER DATED: 06/09/2021

of Rs.4,92,33,609/-. The said proposal has since been forwarded to the finance department for releasing the grant on 24.08.2021 i.e. yesterday. In para 11, a week's further time has been prayed to complete the necessary formalities in ensuring compliance of the judgement of the Reference Court. Necessary communications relating to release of grant by the R & B department have also been annexed.

4. Ms. Manisha Lavkumar Shah, learned Government Pleader submits that within a week, the amount of compensation along with interest and all other payable amounts under different heads would be deposited with the Reference Court from where the petitioners after completing the formalities would be entitled to get the same released in their favour.

5. In para 9 of the affidavit, it is stated that the R & B department has taken decision to accept the decision of the Reference Court with condition to fix the responsibility and to show cause whosoever is found negligent in complying with the decision of the Reference Court in view of the recommendation of the committee. Let this exercise be also completed within a period of one week and the report to that effect may be submitted to this court as to what is the outcome of such inquiry and what steps the government would like to take for the loss suffered by the State.

      6.   Let  this              matter          be   listed         again          on
      06.09.2021."



6.    Pursuant         to   the    order          dated    25.08.2021,              the

State of Gujarat has filed a further affidavit of the

Secretary to Government of Gujarat, Road and Building

Department dated 06.09.2021. At the outset, it is

C/SCA/9724/2021 ORDER DATED: 06/09/2021

stated that the award of total compensation of

Rs.4,28,67,585.05 ps. (Rupees Four Crores Twenty

Eight Lakhs Sixty Seven Thousand Five Hundred Eighty

Five and Five paise only) as determined by the

Reference Court, Jamnagar in Land Reference Case

No.21 of 2006 has been accepted by the State. It is

also stated in the affidavit that a sum of

Rs.4,92,33,609/- (Rupees Four Crores Ninety Two Lakhs

Thirty Three Thousand Six Hundred and Nine only) has

been deposited before the Reference Court at Jamnagar

on 26.08.2021 and the cheque has been cleared on

31.08.2021. Thus, the prayer prayed for in the

petition stands satisfied. However, before parting,

we would like to refer to the order dated 25.08.2021

wherein the coordinate Bench had issued directions of

inquiry and had expressed its anguish on unnecessary

delay on the part of the State authorities in making

payment of the total compensation as awarded by the

Reference Court. The delay has resulted into monetary

loss to the State exchequer. In furtherance to the

directions issued by the coordinate Bench of this

Court vide order dated 25.08.2021, it is evident from

the further affidavit dated 06.09.2021 that a

C/SCA/9724/2021 ORDER DATED: 06/09/2021

Committee comprising of six members came to be

constituted and show cause notices came to be issued

to the erring officers, recommendations have been

made and the report has been submitted by the

Committee so constituted as per the order dated

25.08.2021 on 03.09.2021. A Circular dated 03.09.2021

is also issued wherein appropriate instructions have

been issued to all concerned. With pain we observe

that this is not a solitary case of such delay in

making payment of the compensation so awarded by the

Reference Court. It is the duty of the State to see

that all Land Acquisition Officers in the State

strictly adhere to the instructions given by the

State Government vide Circular dated 03.09.2021 in

its true letter and spirit. In case if the respondent

State of Gujarat as well as the respondent

authorities in a given case are not to accept the

market value as determined by the Reference Court, it

is incumbent upon the respondents to challenge the

same within the time prescribed under the Act. The

State Government should therefore further instruct

the Land Acquisition Officer and/or Collector as

defined under the Act to take timely decision and we

C/SCA/9724/2021 ORDER DATED: 06/09/2021

hereby direct the State Government to come out with

further instructions for the same. This exercise

would be necessary to see that no delay occurs in

making payment of compensation which ultimately

burdens the State exchequer with interest as provided

under the Act. Though the prayer prayed for in the

petition stands satisfied as observed hereinabove and

the petition is disposed of, the State Government

shall conduct an appropriate inquiry as stated in the

further affidavit dated 06.09.2021 as per the report

of the Committee constituted by the State Government,

pursuant to the order dated 25.08.2021 passed in this

petition and complete such inquiry as expeditiously

as possible. The State Government shall also issue

further directions as provided in this order.