Gujarat High Court
Jamnaben Gandubhai vs State Of Gujarat on 5 May, 2022
Bench: Gita Gopi
C/FA/1459/2022 ORDER DATED: 05/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1459 of 2022
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JAMNABEN GANDUBHAI
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
MS VRUNDA SHAH, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 05/05/2022
ORAL ORDER
1. ADMIT. Learned Assistant Government Pleader waives
service of notice of admission on behalf of the respondent
No.1.
2. This Appeal is preferred under Section 54 of Land
Acquisition Act, 1894 (hereinafter referred to in short as 'the
Act') wherein the appellant has challenged the judgment and
decree dated 19/06/2018 passed in Land Reference Case
No.164 of 2007 in Group of LRC Nos.159 of 2007 to 164 of
2007 by the learned Principal Senior Civil Judge, Jamnagar
(Reference Court).
3. It is submitted that chief examination of the claimants
were noted but right to further evidence was closed. Thus, it
is submitted there is a breach of principles of natural justice
as the claimants could not produce all the relevant
C/FA/1459/2022 ORDER DATED: 05/05/2022
documentary evidence to substantiate their case. It is
submitted that the trial Court ought to have given a
considered approach since the valuable agricultural land of
the claimants have been acquired and they had not been
equitably compensated.
4. The facts state that Notification under Section 4 of the
Act was published on 15/09/2005 and Notification under
Section 6 was published on 15/12/2005 and the compensation
award was declared @ Rs.5/- per sq. meter and therefore, the
aggrieved claimant/s had filed an application for enhancement
of the compensation awarded by the Special Land Acquisition
Officer by the Award dated 19/03/2007 in Land Acquisition
Case (LAQ) No.69 of 2003.
5. Per contra, it is submitted by learned Assistant
Government Pleader that it is the negligence and careless
approach of the claimant/s where no evidence have come on
record inspite of several opportunities granted, by the trial
Court Judge to appreciate the facts. It is further submitted
that the trial Court Judge has recorded in the judgment about
the Advocate of the appellant seeking adjournment and the
trial Court Judge was fair enough to give sufficient time
inspite of the fact that no documentary or oral evidence was
adduced. The Court had issued Notice. Even the learned
Advocate had submitted an application to consolidate all the
cases. Thereafter sufficient time was granted and on account
of the failure of the claimant, the case came to be closed.
Thus, it is submitted that because of the failure of the
claimant, the State should not be burdened with interest or
any other amount or any costs for the considered period.
C/FA/1459/2022 ORDER DATED: 05/05/2022
6. I have heard the submissions canvassed by both the
sides and perused the records of the case. The submission of
the learned Assistant Government Pleader requires
consideration as the perusal of the common judgment and
award shows that sufficient time was granted to the claimant/
s. The claimant/s failed to adduce evidence in support of the
claim and only because of the same, the State cannot be
overburdened for inaction as it was the claimant/s who had
moved the Court for enhancement of compensation where the
compensation money as decided by the competent Officer has
already been awarded to the claimant/s. Still when the
claimant seeks an opportunity and prays for time to adduce
evidence and present their arguments in support of their
claim, the case deserves consideration. In view of the above,
the impugned judgment and decree dated 19/06/2018 passed
in Land Reference Case No.164 of 2007 in Group of LRC
Nos.159 of 2007 to 164 of 2007 by the learned Principal
Senior Civil Judge, Jamnagar (Reference Court) is quashed
and set aside. The Land Reference Case No.164 of 2007 in
Group of LRC Nos.159 of 2007 to 164 of 2007 is remanded to
the concerned Reference Court for fresh consideration. Both
the sides shall lead evidence - documentary and oral and shall
cooperate with the Reference Court in expeditious hearing of
the reference cases. Further considering, the submission of
the learned Assistant Government Pleader, the appellant -
claimant shall not be entitled for the interest and costs for the
period, 19/06/2018 till today, i.e. 05/05/2022.
(GITA GOPI,J)
ILA
