Ismailbhai Jumabhai vs State Of Gujarat
2022 Latest Caselaw 1237 Guj

      C/FA/4137/2021                                   ORDER DATED: 04/02/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 4137 of 2021
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                                  ISMAILBHAI JUMABHAI
                                            Versus
                                    STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Defendant(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 04/02/2022
                    ORAL ORDER

1. Heard Mr. Tejas P. Satta, learned advocate for the appellant and Ms. Urmila N. Desai, learned AGP for the respondent.

2. Admit. Ms. Urmila N. Desai, learned AGP waives service of notice on behalf of the respondent. With the consent of learned advocates appearing for respective parties, present First Appeal is taken up for final hearing today.

3. The present appeal under Section 54 of the Land Acquisition Act, 1889 ('L.A. Act' for short) read with Section 96 of the Code of Civil Procedure, 1908 ('CPC' for short) is preferred by the appellant to assail the judgment and award dated 30.06.2018 passed by learned Principal Senior Civil Judge, Jamnagar in LAR No.157 of 2007, whereunder, the reference Court has dismissed the reference case preferred by the appellant.

4. The brief facts as could be gathered from the impugned judgment and award and connected material giving rise to the present appeal are that a Notification under Section 4 of L.A. Act came to be issued on 06.12.2004 for execution of land belonging to the claimant situated in village : Kotda

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Bavasi of Taluka : Jamjodhpur, District : Jamnagar for the purpose of Fulzar (KOBA) irrigation project. Thereafter, a Notification under Section 6 of L.A. Act was issued on 07.07.2005. The Land Acquisition Officer, thereafter, passed an award on 04.01.2006 under Section 11 of L.A. Act.

5. The appellant was not happy with the quantum of compensation awarded by the Land Acquisition Officer. He, therefore, made a reference under Section 18 of the L.A. Act in the Civil Court which was numbered as LAR No.157 of 2007 along-with other reference cases filed by similarly situated land owners. The said LAR case along-with other reference cases was listed for hearing on several occasions. However, neither the appellant nor his learned advocate remain present in the Court. The reference Court, therefore, by the impugned judgment and order dismissed the reference case. Hence, present appeal.

6. Mr. Satta, learned advocate for the appellant submits that initially the reference case was filed in the District Court which subsequently came to be transferred to the Court of Principal Senior Civil Judge, Jamnagar. He, submits that neither the appellant nor his learned advocate could remain present on 29.06.2018 in the Civil Court, Jamnagar. As a result, the reference Court has dismissed the reference case. He, therefore, submits that the impugned judgment and order of the reference Court may be set aside and matter may be remanded to the reference Court for fresh consideration in accordance with law after affording an opportunity of hearing and adducing evidence to the parties.

7. Ms. Urmila N. Desai, learned AGP, on the other hand, submits that as per the observations made by the learned

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reference Court, notices was served and the original claimant had engaged the lawyer, who could not remain present before the learned reference Court and therefore, the learned reference Court delivered the judgment and award. Learned AGP would submit that if this Court is inclined to accept the appeal and remand the matter to the learned reference Court for fresh consideration, appropriate observations be made with regard to interest which the original claimants may be entitled to under the L.A. Act.

8. I have heard learned advocates appearing for the respective parties. Perused the impugned common judgment and award.

9. It appears that initially, notice was issued to the original claimant pursuant to which the concerned advocate had filed appearance, however the cases were transferred time and again to different Courts. It is undisputed fact that the original claimant has not lead any evidence with the acquisition of lands, lifeline the agriculturist is lost, there may be omission on the part of the claimant to adopt extra vigilance, but same need not be used as a ground, depict them with negligence or want of bona-fide in case of acquisition of lands of agriculturist, the Courts ought to adopt a pragmatic approach, just and reasonable compensation and not pedantic in their approach. The entitlement of the land owners to just, reasonable and adequate compensation can be determined by the reference Court only after examining the poral and documentary evidence adduced by the parties. I am, therefore, of the view that the appellant whose land is permanently acquired by the respondents for public purpose deserves an opportunity to produce evidence, oral and documentary such

C/FA/4137/2021 ORDER DATED: 04/02/2022

as sell instances of surrounding lands if any or comparable provisions awards if any to buttress his claim for enhancing compensation. Needless to say that the reference Court has to afford similar opportunity to the respondent to adduce evidence in re-battle as well. I am, therefore, of the view that the present appeal deserves to be accepted.

10. However, it appears that since the appellant herein and their advocate have remained negligent for their rights of the compensation and the learned reference Court has decided the reference cases on 29.05.2018, I am of the opinion that if any enhancement is made by the learned reference Court in the remanded proceedings, the appellant herein shall not be entitled to interest from 29.05.2018 to 11.01.2022.

11. For the foregoing reasons, the appeal succeeds and is hereby allowed. The impugned common judgment and award dated 30.06.2018 passed by learned Principal Senior Civil Judge, Jamnagar in LAR No.157 of 2007 is hereby quashed and set aside. The matter is remanded to the reference Court for fresh consideration in accordance with law with liberty in favour of the applicant and respondents to adduce oral and documentary evidence.

12. The reference Court is directed to decide the reference case as expeditiously as possible but not later than 31st August, 2022.

13. The appellant is directed to co-operate with the reference Court in disposal of the reference case within the aforesaid time line.

(A.G.URAIZEE, J) Manoj