Labhuben Govindbhai vs The Deputy Collector
2022 Latest Caselaw 9202 Guj

       C/FA/4157/2022                             ORDER DATED: 18/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 4157 of 2022
                                     With
                        R/FIRST APPEAL NO. 4158 of 2022
                                     With
                        R/FIRST APPEAL NO. 4159 of 2022
                                     With
                        R/FIRST APPEAL NO. 4160 of 2022
                                     With
                        R/FIRST APPEAL NO. 4162 of 2022
                                     With
                        R/FIRST APPEAL NO. 4164 of 2022
                                     With
                        R/FIRST APPEAL NO. 4165 of 2022
                                     With
                        R/FIRST APPEAL NO. 4166 of 2022
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                            LABHUBEN GOVINDBHAI
                                   Versus
                           THE DEPUTY COLLECTOR
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
for the Defendant(s) No. 2
MS ASMITA PATEL, AGP for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 18/10/2022
                            COMMON ORAL ORDER

1. Admit. Learned AGP waives service of notice of admission for the opponent no.1.

2. At the outset, learned advocate Mr.Satta has submitted that the issue is covered by the judgment and order dated 29.06.2022 passed by the Coordinate Bench of this Court in First Appeal No.862 of 2022 and allied matters. It is submitted that in the present case also, the impugned judgment and order rejecting the reference proceedings by the reference Court has been passed only on the ground that the claimants were unable

C/FA/4157/2022 ORDER DATED: 18/10/2022

to adduce any evidence, even after affording ample opportunities to them. It is submitted that a last opportunity may be given to the appellants- claimants to adduce evidence before the Court below and as per the observations made by this Court vide order dated 29.06.2022, for intervening period i.e. from the date of judgment till passing of the order of this Court, in the present appeal also, the appellants-claimants will not claim any interest.

3. Learned AGP on the contrary, has submitted that the order passed by the Court below is appropriate since the same reflects that despite giving ample opportunities to the claimants, the appellants did not adduce any evidence and the issues were framed the right to evidence was closed. It is submitted that the burden is raised on the appellants-claimants to prove their case in the case of claiming the compensation and hence, no order may be passed.

4. Heard the learned advocates for the respective parties and also perused the documents as pointed out by them.

5. The appellants have placed reliance on the order dated 29.06.2022 passed by the Coordinate Bench of this Court in First Appeal No.862 of 2022 and allied matters, on the similar issue, whereby the reference Court has rejected the reference application on the ground that the appellants- claimants did not produce any evidence despite giving ample opportunities to them. The Coordinate Bench of this Court has observed thus:

"6. In view of above, this Court is of the opinion that in the land reference cases, it is the duty of the learned reference Court to go into the issue of awarding compensation and to assess the same for its adequacy in the background that the claimants have lost possession of

C/FA/4157/2022 ORDER DATED: 18/10/2022

their land. In the present case, no such exercise has been undertaken by the learned reference Court. In the premise, the impugned judgment and orders are hereby set aside and the matters are remanded back to the learned reference Court for determining the entitlement of the land owners to just, reasonable and adequate compensation, which can be determined only after examining the evidence adduced by the parties. In the interest of justice, the present appellants deserve an opportunity to produce additional evidence in respect of their entitlement to adequate compensation.

6.1 Accordingly, all the First Appeals are hereby allowed. The impugned common judgment and order is hereby quashed and set aside and the matter is remanded to the learned reference Court for fresh consideration in accordance with law with a liberty in favour of the parties to adduce oral as well as documentary evidence in support of their case.

6.2 The parties are directed to adduce their evidence within 6 weeks from the date of first appearance before the learned reference Court. The reference Court is also directed to decide the reference cases as expeditiously as possible and not later than 31.12.2022.

6.3 It is also seen from the record that the learned reference Court had granted number of opportunities to the appellants with respect to production of evidence, however, they remained negligent. Therefore, this Court is of the opinion that if any enhancement is made by the learned reference Court in the remand proceedings, the appellants shall not be entitled to any interest from the date of impugned judgment till today, i.e. from 17.3.2018 to 29.6.2022.

6.4 The parties are directed to cooperate with the learned reference Court in early disposal of the reference cases. Present First Appeals are allowed for the aforesaid reasons and accordingly stand disposed of. There shall be no order as to costs."

6. This Court has observed that the appellants-claimants shall not be entitled for any interest for the intervening period i.e. from the date of impugned judgment till the order passed by this Court.

7. Under the circumstances, and in light of the aforesaid order passed by this Court, it is directed that the parties shall adduce their evidence within a period of six weeks from the date of first appearance before the reference Court. The reference Court is also directed to decide the

C/FA/4157/2022 ORDER DATED: 18/10/2022

reference cases as expeditiously as possible and not later than 31.12.2022. It is also directed that the appellants-claimants shall not be entitled for any interest from the date of the impugned judgment i.e. 23.01.2018 till today i.e. 18.10.2022. The parties are directed to cooperate with the reference Court for early disposal of the reference cases.

8. The matters stand allowed for the aforesaid reasons and accordingly stand disposed of. There shall be no order as to costs.

9. Registry to place a copy of this order in each of the connected matters.

(A. S. SUPEHIA, J) ABHISHEK/28 TO 35