Laxmiben Gemalbhai vs Special Land Acquisition Officer
2022 Latest Caselaw 7235 Guj

Citation : 2022 Latest Caselaw 7235 Guj
Judgement Date : 22 August, 2022

Gujarat High Court

Laxmiben Gemalbhai vs Special Land Acquisition Officer on 22 August, 2022

Bench: Ashutosh J. Shastri

     C/SCA/15870/2022                                ORDER DATED: 22/08/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15870 of 2022
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                              LAXMIBEN GEMALBHAI
                                     Versus
                        SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR GM AMIN(124) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2
MR KM ANTANI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                                 Date : 22/08/2022

                                  ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Though the matter is listed for admission, by consent of

learned advocates appearing for the parties, it is taken up for

final disposal, since it lies in narrow compass.

Whether first respondent was correct and justified in rejecting the application filed by petitioners under Section 28(A) of the Land Acquisition Act, 1894 (for short 'Act') by impugned communication dated 10.8.2021 (Annexure-A)?

2. Land of petitioners situated in Survey No.76, located at

Village Thordi, Taluka & District Bhavnagar came to be

acquired by the State Government for the purpose of Lignite

Project by Gujarat Mineral Development Corporation by

C/SCA/15870/2022 ORDER DATED: 22/08/2022

issuance of notifications under Sections 4 and 6, which

culminated in award being passed under Section 11 on

16.2.2006. However, petitioners did not challenge the said

award for reasons best known. Some of the land owners not

being satisfied with quantum of compensation awarded by the

Special Land Acquisition Officer filed Reference under Section

18 of the Act before the jurisdictional Civil Court, namely 3 rd

Additional Senior Civil Judge, Bhavnagar in LAR Nos.15 of 2007

to 372 of 2007, which ultimately resulted in an award being

passed by judgment and award dated 30.12.2013 awarding

compensation at the rate of Rs.4/- per Sq. Mtr. for the lands

acquired under the preliminary and final notifications dated

18.8.2003 and 17.2.2004 respectively.

3. The aforesaid award gave a cause of action for the

petitioners to invoke Section 28A of the Act and as such, an

application was made for award of similar compensation. Said

representation was submitted by the petitioners on 24.2.2014 to

the first respondent. On account of said application having not

been considered, they had approached this Court in Special

Civil Application No.124 of 2020, which came to be allowed by

C/SCA/15870/2022 ORDER DATED: 22/08/2022

this Court vide order dated 20.1.2020 (Annexure-F) directing

the first respondent thereunder to pass orders on said

application strictly in accordance with law within a time frame

of two months from the date of production of certified copy of

the order.

4. Pursuant thereto, petitioners pursued their grievance

before the first respondent and sought for their application filed

under Section 28A of the Act being considered. Neither notice

was issued to the petitioners of the said proceedings nor

personal hearing was offered to the petitioners as required

under sub-section (2) of Section 28A of the Act. Surprisingly,

first respondent without even issuing notice and behind the

back of petitioners passed an order on 10.8.2021 (Annexure-A)

rejecting the same on the ground that application is incomplete,

namely it is not accompanied by the award on which reliance

has been placed by petitioners. Perusal of sub-section (1) of

Section 28A of the Act would indicate that petitioners would not

be required to furnish copy of the order. However, applicants,

like the petitioners, when they have invoked Section 28A of the

Act has to necessarily furnish particulars based upon which

C/SCA/15870/2022 ORDER DATED: 22/08/2022

applicant would be seeking compensation or award, so as to

enable the competent authority to take a call for awarding

compensation similar to that of compensation awarded by

Reference Court. Sub-section (2) of Section 28A mandates that

when such an application is filed, an inquiry has to be held by

the Collector/ competent authority after giving notice to all

persons interested and extending them a reasonable

opportunity of being heard and thereafter make an award

determining the compensation payable to the applicant. Even

this exercise was not undertaken, namely first respondent did

not issue any notice either calling upon the petitioners to

furnish the copy of award dated 30.12.2013 passed in LAR

Nos.15 of 2007 to 372 of 2007, reliance of which had been

placed upon nor personal hearing was extended to the

petitioner. If either of this exercise had been undertaken by first

respondent, it would not have resulted in petitioners

approaching this Court by the present petition challenging the

impugned order. In other words, it would not have resulted in

impugned order being passed at all. On account of such an

exercise having not been undertaken and petitioners having

C/SCA/15870/2022 ORDER DATED: 22/08/2022

been deprived of an opportunity to put forth their case and

substantiate their claim in the personal hearing, that was

required to be extended by first respondent, impugned order

came to be passed contrary to sub-section (2) of Section 28A of

the Act which would not stand the test of law. Hence, following

order:

ORDER

(1) Special Civil Application is ALLOWED.

(2) Impugned Order date 10.8.2021 (Annexure-A) stands quashed.

(3) A writ of mandamus is issued to the first respondent to adjudicate the application dated 24.2.2014 on merits and in accordance with law and by extending an opportunity of personal hearing to the petitioners, expeditiously and at any rate within FOUR WEEKS from the date of receipt of copy of the order. In order to ensure that first respondent would examine the claim of petitioners in the background of application filed under Section 28A of the Act, it is needless to state that petitioners would place on record of the first respondent copy of the judgment and award

C/SCA/15870/2022 ORDER DATED: 22/08/2022

dated 30.12.2013 passed by 3rd Additional Senior Civil Judge, Bhavnagar in LAR Case No.15 of 2007 to 372 of 2007 (LAQ No.18 of 2001 and LAR No.160 of 2007 to 191 of 2007).