Gujarat High Court
Thakor Shambhuji Dolaji Since ... vs State Of Gujarat on 28 January, 2022
Bench: Ashutosh J. Shastri
C/SCA/1008/2022 ORDER DATED: 28/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1008 of 2022
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THAKOR SHAMBHUJI DOLAJI SINCE DECD THROUGH HEIR
Versus
STATE OF GUJARAT
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1,1.1
for the Respondent(s) No. 2,3
MR KM ANTANI ASSISTANT GOVERNMENT PLEADER 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 : 28/01/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI)
1. By way of this petition under Article 226 of the Constitution of
India, the petitioner has prayed for the following reliefs :-
"7(A) Your Lordships may be pleased to held that the present
petitioner is covered by the judgment and order of this Hon'ble
Court dated 19.03.2019 passed in Special Civil Application No.
14335 of 2014 and other allied maters as the present
petitioner is the original claimant in the Land Acquisition Case
No. 2 of 2009 dated 14.08.2012 which was challenged and
subject matter of the above referred petitions and thereby be
pleased to issue similar directions to the respondents herein as
issued in para 10 of the above referred judgment and order
19.03.2019 passed in Special Civil Application No. 14335 of
214 and other allied matters.
2. Your Lordships may be pleased to grant any further relief,
which may deemed fit, in the facts and circumstances of the
case."
2. The premise on which present petition is filed is that the land
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of villages - Lavarpur, Shahpur and Ratanpur in Gandhinagar
District, have been acquired by the respondents by issuing
Notification under Sections 4, 6 and 9 of the Land Acquisition Act,
1894 (for short the "Act"), in each of the villages for the purpose of
up-gradation of existing road for development of Gandhinagar
International Financial Tech City (GIFT City). It has been averred
that the land of the present petitioner was situated in Village
Shahpur at Survey No. 485, admeasuring 726 sq.mtr., for which,
Notification under Section 4 of the Act was issued on 18.05.2010 and
Notification Section 6 of the Act was issued on 14.03.2011, whereas
notices under Section 9 of the Act were issued on 03.08.2011 and
award was published on 14.08.2013 and in the said common award
in Land Acquisition Case No. 2 of 2009, it also includes the village in
which the petitioner was holding the land i.e. village Shahpur.
2.1. It is the case of the petitioner that the claimants whose lands
have been acquired of Village Shahpur, have challenged the award
dated 14.08.2013 passed in Land Acquisition Case No. 2 of 2009
before the Hon'ble Court by filing petition being Special Civil
Application No. 14335 of 2014 and allied matters, mainly on the
ground that award under Section 11 of the Act was passed on
14.08.2013, which was beyond the period of two(2) years from
declaration of Notification under Section 6 of the Act i.e. 14.03.2011
and prayed that the entire proceedings for acquisition of the land
shall lapse.
2.2. It is further the case of the petitioner that the co-ordinate
Bench of this Court vide order dated 19.03.2019 allowed those writ
petitions by issuing further direction as contained in paragraph 10
which reads as under :-
C/SCA/1008/2022 ORDER DATED: 28/01/2022
"10. Since it is an undisputed fact that the lands in question
are required for public purpose for expansion of road and at
the same time State machinery has been exhausted by
undertaking exercise in issuing notification under Sections 4
and 6 of the old Act coupled with the fact that possession of
lands have not been taken over and compensation is not paid,
it will be in the interest of justice to strike a balance by issuing
the following directions:
(a) As the entire procedure under the Land Acquisition
Act, 1894 has been followed, in the peculiar facts of this
case, it will not be necessary for the State to undertake
the exercise of Social Impact Assessment as envisaged
under Chapter II of the Right to Fair Compensation And
Transparency In Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as 'the
Act of 2013').
(b) The awards in question and which are the subject
matter of these petitions shall be deemed to be awards
made under Section 25 of the Act of 2013.
(c) As more than 8 years have gone by after the issuance
of the notifications under Sections 4 & 6 of the Act, the
State shall undertake the exercise to redetermine the
market value in accordance with the provisions of
Section 26 of the Act of 2013. The determination of
market value of the land shall be done in accordance
with the said provisions of the Act of 2013 as per the
market value prevailing as on today i.e. the date of this
judgment and the redetermined amount of compensation
as per the Act of 2013 shall be paid to the petitioner
forthwith, with all statutory benefits preferably within a
period of six months from the date of receipt of the writ
of the order of this Court. It will be open for the
petitioners to prefer reference under Section 64 of the
Act of 2013 if they are not satisfied with such award.
With the aforesaid directions, petitions are disposed of. "
2.3. After referring to the aforesaid directions of previous petition,
it is the case of the petitioner that the present petitioner is exactly
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similarly situated, but could not file the petition as was not aware
about filing of such petitions. Later on, after knowing the fact that
with respect to present village i.e. Shahpur, the case of the petitioner
is also squarely covered by the said decision and as such, for the
purpose of seeking relief as stated herein-above, the present petition
is filed.
3. When the matter is taken up for hearing, time was granted to
the learned Assistant Government Pleader to verify whether the case
of the petitioner is exactly similarly situated or not and accordingly,
matter was posted on 28.01.2022. Today, when the matter is taken
up for hearing, learned advocate Mr. A. V. Prajapati, appearing for
the petitioner has tendered a copy of the order dated 06.07.2021
passed by the co-ordinate Bench of this Court in Special Civil
Application No. 6458 of 2021 and has reiterated his stand that the
intention of the Court was to extend the benefit of the said decision
automatically to all affected beneficiaries and as such, due benefit be
made available to the present petitioner also. While submitting this
similarity, learned advocate Mr. Prajapati has drawn attention to
paragraph 8 of the said decision dated 19.03.2019 passed in group of
petitions headed by Special Civil Application No. 14335 of 2014 and
has submitted that three (3) villages were the subject matter of said
petition in which, village Shahpur is also one of such villages and
further has also submitted that the said order was passed since
undisputedly the award was passed beyond the period of two(2)
years from the date of declaration of Notification under Section 6 of
the Act and hence, Court has issued direction as contained in
paragraph 10 and these observations and the directions issued by the
co-ordinate Bench be made available in the case of present petitioner
as well.
C/SCA/1008/2022 ORDER DATED: 28/01/2022
4. As against this, Mr. K.M. Antani, learned Assistant Government
Pleader appearing on behalf of the State authorities has made a futile
attempt to oppose the petition on the ground that there is delay in
approaching this Court while claiming the reliefs, however, he fairly
and candidly submitted that he is not in a position to dispute the
proposition of law, which has been laid in the aforesaid decision
dated 19.03.2019 passed by the co-ordinate Bench of this Court since
the case of the claimants related to Village Shahpur were also the
subject matter of challenge in the said petition and has left it to the
discretion of the Court.
5. Having heard the learned counsel appearing for the respective
parties and having gone through the material on record,
undisputedly, it has been found that the case of the claimants
related to Village Shahpur was also the subject matter of challenge
in the said group of petitions and what has been clearly found by the
Court that the award had been passed beyond two (2) years and as
such, the Court issued appropriate directions. Hence, the land of
the petitioner being part of the said Village Shahpur, relates to the
very same Notification and the acquisition is also for that very
purpose, the case can be said to be similarly situated to the said
group of petitions which came to be disposed of. Hence, we are of
the considered opinion that the benefits of the said decision,
particularly, the directions issued in paragraph 10, are available to
the petitioner.
5.1. Yet in another decision by an individual claimant, who also
approached the Court at a belated stage has also been considered by
the co-ordinate Bench of this Court in Special Civil Application No.
6458 of 2021 which came to be decided by order dated 06.07.2021,
the Court had clearly found to have extended the benefit of the main
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decision by observing that the intention of the Court was to
automatically made available such similarly situated beneficiaries of
the award without they being compelled to approach the Court. The
said observation since considered, we deem it proper to reproduce
the same hereunder :-
"6.1 In the present case, it is a categorical observation of the
Division Bench in its judgment of 19.03.2019 passed in Special
Civil Application No. 14335 of 2014, particularly in para 10
that the awards in question which were the subject matters of
those petitions shall be deemed to be awards under Section 25
of the Act of 2013. Therefore, the intention of the Court upon
which the petitioners are seeking parity was that the benefit of
the award and the judgment rendered in Special Civil
Application No. 14335 of 2014 shall be automatically be made
available to such similarly situated beneficiaries of the awards
without they being compelled to approach this Court.
Therefore, the submission of Ms. Shruti Pathak, learned AGP is
of no merit.
7. We accordingly, dispose of the petition with a direction
that the present petitioners be extended the same benefits as
have been provided to the petitioners of Special Civil
Application No.14335 of 2014 vide judgment dated
19.03.2019, particularly, the directions issued in paragraph 10
of the aforesaid judgment. The petition is allowed,
accordingly."
5.2. It is pointed out to this Court and not disputed by the learned
Assistant Government Pleader that the aforesaid order has attained
finality as the same is not carried further, as a result of this, since
the claim of the present petition is similar to that of the main
decision dated 19.03.2019, followed by yet another decision as
pointed out above i.e. order dated 06.07.2021, we see no reason to
deprive the petitioner from such due benefit as has been contended,
precisely, paragraph 10 of the judgment and order dated 19.03.2019
passed in Special Civil Application No. 14335 of 2014 and allied
matters. Accordingly, a case is made out by the petitioner.
C/SCA/1008/2022 ORDER DATED: 28/01/2022
6. Hence, we accordingly, dispose of this petition with a direction
that the present petitioner be extended the same benefits as has
been provided to the petitioner of Special Civil Application No. 14335
of 2014 and allied matters, vide judgment order dated 19.03.2019,
particularly, direction contained in paragraph 10 of the said decision.
7. With this observation and direction, the present petition stands
disposed of.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
phalguni
