Gujarat High Court
Vallabhbhai Gordhanbhai vs Deputy Collector And Special Land ... on 29 March, 2022
Bench: A.G.Uraizee
C/FA/980/2022 ORDER DATED: 29/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 980 of 2022
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VALLABHBHAI GORDHANBHAI
Versus
DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
REHABILITATION(IRRIGATION)
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
for the Defendant(s) No. 2
MR SOAHAM JOSHI, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 29/03/2022
ORAL ORDER
1. Heard Mr.Tejas P. Satta, learned advocate for the
appellant and Mr.Soaham Joshi, learned AGP for the
respondent.
2. Admit. Mr.Joshi, learned AGP waives service of notice
of admission 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 29.05.2018 passed by learned 2 nd Additional Senior
Civil Judge, Jamnagar in Land Reference Case No.10 of
2011, 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
C/FA/980/2022 ORDER DATED: 29/03/2022
the present appeal are that a notification under Section 4 of
L.A. Act came to be issued on 3.4.2008 for acquisition of
land belonging to the claimant situated in village Jaiva,
Taluka Dhrol, District : Jamnagar for the public purpose of
Rajkot Jamnagar Vadinar Four Track Road. Thereafter, a
notification under Section 6 of L.A.Act was issued on
12.6.2008. The Land Acquisition Officer, thereafter, passed
an award on 21.5.2009 under Section 11 of L.A. Act and
awarded the compensation at the rate of Rs.6/- per square
meter.
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 Land Reference
Case No.10 of 2011 along-with other reference cases filed by
similarly situated land owners. The said Land Reference
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 learned 2nd Additional Senior Civil Judge,
Jamnagar. He, submits that neither the appellant nor his
learned advocate could remain present on 29.05.2018 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.
C/FA/980/2022 ORDER DATED: 29/03/2022
7. Mr.Joshi, learned AGP, on the other hand, submits
that as per the observations made by the learned Reference
Court, notice 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 claimant
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 is undisputed fact that neither learned advocate for
the appellant nor the appellant remained present before the
Reference Court though reference case was adjourned from
time to time to give an opportunity to the appellant to
adduce evidence. It is therefore undisputed fact that the
appellant has not adduced any evidence for enhancement of
compensation. With the acquisition of lands, lifeline of 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 and award,
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 oral 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 as sell instances of surrounding
C/FA/980/2022 ORDER DATED: 29/03/2022
lands if any or comparable 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 rebuttle 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
29.3.2022.
11. For the foregoing reasons, the appeal succeeds and is
hereby allowed. The impugned common judgment and
award dated 29.05.2018 passed by learned 2 nd Additional
Senior Civil Judge, Jamnagar in Land Reference Case No.10
of 2011 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
September, 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)
H.M. PATHAN
