Punja Haja Harijan vs Special Land Acquisition Officer ...
2022 Latest Caselaw 6434 Guj

     C/FA/1907/2022                            ORDER DATED: 19/07/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 1907 of 2022
                                With
          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
                  In R/FIRST APPEAL NO. 1907 of 2022
                                With
                   R/FIRST APPEAL NO. 1908 of 2022
                                With
                   R/FIRST APPEAL NO. 1909 of 2022
                                With
                   R/FIRST APPEAL NO. 1910 of 2022
                                With
                   R/FIRST APPEAL NO. 1911 of 2022
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                    PUNJA HAJA HARIJAN
                           Versus
  SPECIAL LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR
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Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No. 1
MS ASMITA PATEL AGP for the Defendant(s) No. 1
KSHITIJ M AMIN(7572) for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                          Date : 19/07/2022
                           ORAL ORDER

Mr. Rakesh Patel, learned advocate appearing for the appellant submits that the learned Trial Court has not adjudicated the L.A.Rs. on merits, but has dismissed the reference applications on the ground that there is no satisfactory evidence on record to prove that there is an error in the award or the compensation is insufficient and therefore, the award is just and proper. He submits that the parties are extremely poor people who are living in the border villages and though the L.A.Rs. are filed in the year 2006 and were later transferred from Anjar-Gandhidham taluka to Court at Bhachau, Kutch. These people were absolutely unaware being illiterate villagers living in remote areas. In the present case, the lands are situated at

C/FA/1907/2022 ORDER DATED: 19/07/2022

Dholavira, a heritage site, and are even acquired for that purpose. Mr. Patel, learned advocate for the appellant, submits that they have been granted only Rs.0.64 ps. per sq. mt. which is abysmally low for the lands acquired. He submits that the parties should be given one chance to produce evidence on record and make out their case.

2. Mr. Kshitij Amin, learned advocate appearing on behalf of the respondent No.2 states that since the claimants had not produced any evidence, the reference Court proceeded to decide the reference on the material available and therefore, the reference came to be decided in absence of the claimants. He would, however, fairly submits that if the matter is remanded back for production of evidence by the claimants, then the reference should be decided in time bound manner.

3. Heard learned counsels for the parties.

4. Considering the decision of the Hon'ble Supreme Court in case of State of Gujarat and ors. vs. Rama Rana and ors. [(1997) 2 SCC 693], this Court is of the opinion that the learned trial Court has erred in coming to the conclusion that it is the just and proper compensation for the lands acquired. This Court is of the opinion that the impugned judgment and order passed by learned trial Court is required to be quashed and set aside and the matters are to be remanded back for fresh consideration on merits. Since, in the present case, the claimants have not remained present and has not produced any evidence in the land reference cases, in the interest of justice, it will be open for the appellants - claimants as well as the State Government to

C/FA/1907/2022 ORDER DATED: 19/07/2022

produce the evidence in support of their case. They are directed to appear before the learned Reference Court on 1.8.2022 upon remand. Thereafter, within period of 4 weeks, the parties are directed to adduce evidence in their support. The learned Reference Court is thereafter directed to decide the reference cases by 31.1.2023.

4.1 The parties undertake to cooperate with the speedy disposal of the cases.

4.2 It is made clear that this Court has not expressed any opinion on merits of the case and the learned Reference Court is directed to decide the reference cases afresh in accordance with law and on the basis of the evidence adduced by the parties.

4.3 Accordingly, the First Appeals are allowed. Impugned judgment and orders are quashed and set aside. No order as to costs.

4.4 The registry is directed to send back the record & proceedings to the Reference Court within a period of two weeks from today.

Direct service is permitted.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN