Hasmukhbhai Baldevbhai Patel vs Special Land Acquisition Officer
2023 Latest Caselaw 2938 Guj

     C/FA/4832/2022                                ORDER DATED: 13/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 4832 of 2022
                                    With
                       R/FIRST APPEAL NO. 4836 of 2022
                                    With
                       R/FIRST APPEAL NO. 4838 of 2022
                                    With
                       R/FIRST APPEAL NO. 4839 of 2022
                                    With
                       R/FIRST APPEAL NO. 4833 of 2022
                                    With
                       R/FIRST APPEAL NO. 4835 of 2022
                                    With
                       R/FIRST APPEAL NO. 4837 of 2022
                                    With
                       R/FIRST APPEAL NO. 4840 of 2022
                                    With
                       R/FIRST APPEAL NO. 4841 of 2022
                                    With
                       R/FIRST APPEAL NO. 4834 of 2022
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                       HASMUKHBHAI BALDEVBHAI PATEL
                                   Versus
                      SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR.PINANK J RAIYANI(10166) for the Appellant(s) No. 1
MS ROSHNI PATEL, AGP for Respondent State (in all the matters)
MR RUTVIJ OZA, Advocate for Respondent No.2 in all matters
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 13/04/2023

                                ORAL ORDER

1. Heard learned Advocate Mr.Pinank Raiyani for appellants and learned AGP Ms.Roshni Patel for the respondent-State in the matters. Learned Advocate Mr.Rutvij Oza appears and submits that he has filed his

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C/FA/4832/2022 ORDER DATED: 13/04/2023

vakalatnama for respondent No.2 in some of the matters and he would file vakalatnama for respondent No.2 during the course of the day, as he has instruction to appear for respondent No.2 in all the matters. Permission is granted. Mr.Oza is permitted to file his vakalatnama for respondent No.2.

2. Admit. Learned AGP waives service of notice of admission on behalf of the respondent-State in all the matters and learned Advocate Mr.Oza waives service of notice of admission for respondent No.2 in all the matters.

3. By way of these appeals, the appellants challenge the judgment and decree passed by the learned 2nd Additional Senior Civil Judge, Dhangadhra, District Surendranagar dated 22.5.2017 in Land Acquisition Reference Case Nos.112, 121, 122, 120, 132, 116, 123, 133, 127, and 117 of 2002, whereby the learned Civil Court had disposed of the Reference Cases as rejected without any interference as regards the amount awarded to the claimant.

4. It appears that a learned Co-ordinate Bench of this Court vide an order dated 20.12.2022 while issuing notice, had noted the peculiar facts of the case and kept the appeals for final disposal.

5. Today, with consent of the parties the appeals are taken up for final disposal.

6. It appears that the learned Reference Court, for rejecting the Land Acquisition Reference Case, had come to a conclusion that the appellant

- claimants could not prove that the award passed by the Collector was inadequate or disproportionate, since the appellants had not led any evidence to prove that the amount of compensation awarded by the

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C/FA/4832/2022 ORDER DATED: 13/04/2023

Collector was inadequate or disproportionate. This Court in this regard has considered the decisions of learned Co-ordinate Benches of this Court relied upon by learned Advocate Mr.Raiyani, more particularly decision of learned Coordinate Bench (Coram : Mr. A.J. Desai,J) in First Appeal No. 4699 of 2019 dated 03.10.2019 and the decision of learned Co-ordinate Bench (Coram : Mr. Aniruddha P. Mayee, J) in First Appeal No. 862 of 2022 and allied matters, dated 29.06.2022 ( which appears to be passed in relation to lands situated in the same village ).

7. Considering the aforesaid decisions of the learned Co-ordinate Benches, it appears that the learned Co-ordinate Benches have taken a view that the Competent Court, after the material which may be placed on the record by the claimants or the acquisition authorities, could decide whether the land owners were entitled to adequate compensation and whereas the learned Co-ordinate Benches had also observed that while the case would be required to be remanded back, but at the same time the claimants would not be entitled to interest from the date of the impugned judgment till the date of passing of the order by this Court.

8. Having regard to such view taken by the learned Co-ordinate Benches, therefore, the impugned judgment and decree deserves to be interfered with, more particularly since in the considered opinion of this Court, the Competent Court i.e. the Reference Court ought not to have rejected the Reference Cases merely on the ground that the land owner did not lead any evidence and whereas it was open for the Competent Court to have taken an independent decision by relying upon the necessary documents, including the award in question as well as other comparable sale instances of surrounding lands, earlier awards etc., passed with regard to lands in the near vicinity.

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       C/FA/4832/2022                                  ORDER DATED: 13/04/2023

9. In this view of the matter, the judgment and decree passed by the learned 2nd Additional Senior Civil Judge, Dhangadhra, District Surendranagar dated 22.5.2017 in Land Acquisition Reference Case Nos.112, 121, 122, 120, 132, 116, 123, 133, 127, and 117 of 2002, is hereby quashed and set aside. Furthermore, since it is clear that the appellants themselves did not lead any evidence before the learned Reference Court, therefore, it is directed that if the Reference Court makes any enhancement in the award amount, then the appellants would not be entitled to any interest for the period from the date of the impugned decision of the Reference Court till today i.e. from 22.5.2017 to 13.04.2023.

10. In view of the above order, the learned Reference Court shall hear and decide the Land Acquisition Reference Case Nos.112, 121, 122, 120, 132, 116, 123, 133, 127, and 117 of 2002 and whereas the appellants herein - original claimants shall lead evidence documentary as well as oral and shall further co-operate with the learned Reference Court for expeditious hearing of the Reference Cases, more particularly as per oral undertaking of learned Advocate Mr.Pinank Raiyani for the appellants. It is also directed that the learned Reference Court shall decide the Reference Cases on merits within a period of six months from the date of receipt of the present order.

11. With the above observations and directions, the present appeals stand disposed of as partly allowed.

(NIKHIL S. KARIEL,J) V.V.P. PODUVAL

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