Vasharambhai Bhurabhai vs Special Land Acquisition Officer
2022 Latest Caselaw 4763 Guj

     C/FA/1469/2022                                ORDER DATED: 05/05/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1469 of 2022

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                         VASHARAMBHAI BHURABHAI
                                   Versus
                      SPECIAL LAND ACQUISITION OFFICER
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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
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 24/07/2018 passed in Land Reference Case No.84 of 2009 in Group of LRC Nos.18 of 2009 to 22 of 2009, LRC Nos.82 of 2009 to 84 of 2009 and allied groups by the learned Principal Senior Civil Judge, Dhoraji (Reference Court).

3. It is submitted that appellant had produced chief examination but the arguments could not be made and the matter came to be dismissed. Thus, it is submitted there is a breach of principles of natural justice as the claimants could

C/FA/1469/2022 ORDER DATED: 05/05/2022

not represent 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 20/02/2006 and the compensation award was declared @ Rs.4.90/- 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.99 of 2005.

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.

6. I have heard the submissions canvassed by both the

C/FA/1469/2022 ORDER DATED: 05/05/2022

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 24/07/2018 passed in Land Reference Case No.84 of 2009 in Group of LRC Nos.18 of 2009 to 22 of 2009, LRC Nos.82 of 2009 to 84 of 2009 and allied groups by the learned Principal Senior Civil Judge, Dhoraji (Reference Court) is quashed and set aside. The Land Reference Case No.84 of 2009 in Group of LRC Nos.18 of 2009 to 22 of 2009, LRC Nos.82 of 2009 to 84 of 2009 and allied groups 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, 24/07/2018 till today, i.e. 05/05/2022.

(GITA GOPI,J) ILA