Gujarat High Court
Abdul Rahim Yusuf Valu Ugaradhar vs State Of Gujarat on 13 April, 2023
Bench: Biren Vaishnav
C/SCA/6264/2023 ORDER DATED: 13/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6264 of 2023
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ABDUL RAHIM YUSUF VALU UGARADHAR
Versus
STATE OF GUJARAT
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Appearance:
MR KM SHETH(838) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR SANJAY UDHWANI, ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 1
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 13/04/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)
[1.0] By way of present petition under Articles 14, 19, 21 and 226
of the Constitution of India, the petitioner has prayed as under:
"(B) This Hon'ble Court may be pleased to held the
impugned action of the respondents not depositing and
paying the amount of compensation to the petitioner as
per the order of the reference court passed in L.A.R. No.19
of 2008 dated 24/04/2012 is illegal, unjust, arbitrary and
violative of article 14, 19 and 21 of the Constitution of
India, by way of issuing suitable writ, order or direction
under Article 226 of the Constitution of India;
(C) This Hon'ble Court may be pleased to direct the
respondent No.2, to immediately deposit the entire amount
of compensation with interest and cost as per the award
C/SCA/6264/2023 ORDER DATED: 13/04/2023
passed by the reference court, Bharuch, passed in L.A.R.
No.19 of 2008 and other cognate matters dated
24/04/2012, by way of issuing suitable writ, order or
direction under Article 226 of the Constitution of India;
(D) Pending admission, hearing and final disposal of this
Special Civil Application, this Hon'ble Court may be pleased
to direct the respondent No.2 to immediately deposit the
entire awarded amount with interest and cost as per the
award of the reference court, Bharuch dated 24/04/2012,
passed in L.A.R. No.19 of 2008 and other cognate matter;
(E) Ex-parte ad-interim relief may kindly be granted in
terms of prayer (D) above;"
[2.0] The brief facts arising from the record of the case are as
follows:
[2.1] That, certain parcels of land of village Bhadkodara, Taluka
Jambusar, District Bharuch (hereinafter referred to as "lands in
question") were acquired for the public purpose i.e. for the
construction of Malpur Vishaka Canal under the Narmada Project.
After following the due procedure under the Land Acquisition
Act, the District Collector passed an order under Section 11 of
the Land Acquisition Act. The affected person asked for
reference under Section 18 of the Land Acquisition Act to the
District Collector and accordingly, the matter was referred to the
Senior Civil Judge, Bharuch. The cases were numbered as Land
Acquisition Reference Nos.16 to 30 of 2008. By common
judgment and award dated 24.04.2012, the learned Principal
C/SCA/6264/2023 ORDER DATED: 13/04/2023
Senior Civil Judge, Bharuch accepted the references in part and
awarded additional amount towards compensation for the
acquisition of lands in question.
[2.2] The said decision was challenged by the Acquiring Body by
way of filing First Appeal Nos.1854 to 1867 of 2013 before this
Court. By an oral order dated 16.07.2013, the learned Single
Judge dismissed the appeals filed by the Acquiring Body. The
petitioner herein having found about the decision in the First
Appeals, filed execution proceedings being Darkhast No.21 of
2017 in the Court of learned District Judge, Bharuch.
[2.3] It is case of the petitioner that though awards have been
passed, the respondents have not deposited the additional
amount awarded by the learned Reference Court and confirmed
by the learned Single Judge of this Court.
Hence, present petition.
[3.0] Learned advocate Mr. K.M. Sheth appearing for the
petitioner would submit that the petitioner is without the fruits
of the judgment and award which was passed way back on
24.04.2012 and confirmed by the learned Single Judge of this
Court on 16.07.2013. He would submit that only part of the
amount as awarded by the learned Reference Court is paid by the
respondents and he is unable to further execute the decree and
therefore, appropriate writ is required to be issued directing the
respondents to deposit the amount of compensation.
[4.0] We have heard learned advocate Mr. K.M. Sheth appearing
for the petitioner.
C/SCA/6264/2023 ORDER DATED: 13/04/2023
It is an undisputed fact that the judgment and award
delivered by the learned Reference Court has become final. The
petitioner has also filed execution proceeding under Order XXI of
the Code of Civil Procedure, 1908. Pursuant to some orders, part
of the amount of compensation has been paid to the petitioner.
The said execution proceedings are pending before the
concerned Court.
[4.1] Considering the above aspect, we are of the opinion that
the petitioner can pursue the execution proceedings. It is also
expected from the learned Executing Court that the
respondents, who are government undertakings and who have
acquired the lands in question of the petitioner, deposits the
amount of compensation at the earliest and take immediate
steps provided under the Code of Civil Procedure, 1908.
[5.0] With above observations, present petition is dismissed.
(A.J. DESAI, ACJ)
(BIREN VAISHNAV, J.)
Ajay
