Mansukhbhai Jethabhai vs Gujarat Government Throu Deputy ...
2022 Latest Caselaw 4768 Guj

     C/FA/1458/2022                               ORDER DATED: 05/05/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1458 of 2022
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                   MANSUKHBHAI JETHABHAI
                           Versus
     GUJARAT GOVERNMENT THROU DEPUTY COLLECTOR, LAND
         ACQUISITION AND REHABILITATION(IRRIGATION)
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
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 29/06/2018 passed in Land Reference Case (LRC) No.189 of 2007 in Group of LRC Nos.189 of 2007 to 195 of 2007 passed by the learned Principal Senior Civil Judge, Lalpor (Reference Court).

3. It is submitted that the appellant was not granted sufficient opportunity to adduce evidence and thus, submits that there is breach of principles of natural justice where the appellant - claimant would have a statutory right to produce the relevant documents and oral evidence to contend against the Notification under Sections 4 and 6 of the Act, issued by the Deputy Collector concerned and further to challenge the

C/FA/1458/2022 ORDER DATED: 05/05/2022

award under Section 11 of the Act. 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 14/06/2005 and Notification under Section 6 was issued on 12/09/2005 and the compensation award was declared @ Rs.6.50 per square 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 08/03/2007 in Land Acquisition Case (LAQ) No.27 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/1458/2022 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 29/06/2018 passed in Land Reference Case (LRC) No.189 of 2007 in Group of LRC Nos.189 of 2007 to 195 of 2007 passed by the learned Principal Senior Civil Judge, Lalpor (Reference Court) is quashed and set aside. The Land Reference Case (LRC) No.189 of 2007 in Group of LRC Nos.189 of 2007 to 195 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, 29/06/2018 till today, i.e. 05/05/2022.

(GITA GOPI,J) ILA