Patel Harshadbhai Joitaram Since ... vs Special Land Acquisition ...
2023 Latest Caselaw 3133 Guj

     C/FA/644/2023                              ORDER DATED: 21/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 644 of 2023

                                 With
                     R/FIRST APPEAL NO. 645 of 2023
==========================================================
 PATEL HARSHADBHAI JOITARAM SINCE EXPIRED THROUGH LH & 1
                          other(s)
                           Versus
  SPECIAL LAND ACQUISITION OFFICER, DEPUTY COLLECTOR & 1
                          other(s)
==========================================================
Appearance:
MS MARIYA DALAL for MR YATIN SONI(868) for the Appellant(s) No.
1,1.1,1.2,2,2.1,2.2,2.3
MS SURABHI BHATI, AGP for the Defendant(s) No. 1
DS AFF.NOT FILED (R) for the Defendant(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 21/04/2023

                             ORAL ORDER

1. Heard learned advocate Ms. Mariya Dalal on behalf of

learned advocate Mr. Yatin Soni for the appellants and

learned Assistant Government Pleader Ms. Surabhi Bhati on

behalf of the respondent - State.

2. Admit. Learned AGP waives notice of admission on

behalf of the respondent - State.

3. With the consent of the parties, the present first appeals

are being taken up for final hearing, more particularly,

C/FA/644/2023 ORDER DATED: 21/04/2023

considering the submissions made by learned advocate for the

appellants as would be noted hereinafter.

3.1. Learned advocate Ms. Dalal, at the outset, would drawn

the attention of this Court to a judgment of the Hon'ble

Division Bench dated 19.03.2021 passed in a group of 29 First

Appeals. Learned advocate would submit that the Land

References in the present case were part of a group of

references against the order of which, the above referred

group of First Appeals had been preferred and whereas, it is

only on account of the fact that the preset appellants had not

preferred the appeals at the relevant point of time that the

first appeals were not listed with the group of first appeals as

decided by this Court.

3.2. Learned advocate would further elaborate by submitting

that the lands in question in both the appeals are situated at

Village Dhandhusan, District Mehsana and whereas, they

were acquired for the SIPU project. Learned advocate would

submit that Notifications under Section 4 of the Act with

regard to the lands in question were issued on 01.11.2004

corresponding to First Appeal No. 644 of 2023 and on

03.07.2004 corresponding to First Appeal No. 645 of 2023 i.e.

C/FA/644/2023 ORDER DATED: 21/04/2023

at around the same point of time. Learned advocate would

submit that in the group of appeals which were heard by this

Court and disposed of vide order dated 19.03.2021 the

Notification under Section 4 was issued on 03.07.2004.

3.3. Learned advocate would submit that similarly, the

learned Reference Court had awarded an amount of Rs. 9.90/-

per sq.meter and whereas the same amount had been

awarded by the learned Reference Court in the First Appeals

before this Court.

3.4. Learned advocate would submit that since all the

aspects being similar, the decision, as taken by the Hon'ble

Division Bench in group of appeals being First Appeal No.

1796 of 2017 and allied matters, is clearly applicable to the

facts of the present case and whereas, learned advocate

would request that this Court may award similar

compensation as awarded by the Hon'ble Division Bench.

4. The position as regards the decision in First Appeal No.

1796 of 2017 and allied matters being squarely applicable to

the facts of the case is not contested by learned AGP Ms.

Bhati upon instruction and whereas, learned AGP would

C/FA/644/2023 ORDER DATED: 21/04/2023

submit vehemently that the State has preferred an appeal

before the Hon'ble Apex Court against the said decision and

whereas, under such circumstances, the present first appeals

may not be decided and that the decision of the Hon'ble Apex

Court may be awaited by this Court.

5. In response to the submissions made by learned AGP,

learned advocate Ms. Dalal would submit that as such, the

Special Leave Petitions have only been filed by the State and

whereas, there is no stay upon the decision granted by the

Hon'ble Apex Court. Learned advocate would further submit

that as it is, the SLPs have been filed very recently i.e. on

03.03.2023 and are still in the defect list.

5.1. Learned advocate would further submit that in any case,

the legal proposition being that unless a judgment is stayed by

a superior Court, the effect of the judgment would remain the

same and would be a precedent binding upon all the other

Courts in similar issues. Learned advocate would further

submit that even otherwise, to the best of her instructions, the

State has not deposited the amount as awarded by the

Hon'ble Division Bench before the Reference Court and

whereas, the claimants have filed an Execution Application

C/FA/644/2023 ORDER DATED: 21/04/2023

and whereas, the same is pending consideration.

5.2. At this stage, learned AGP Ms. Bhati would inform this

Court that the amount has not yet been deposited with the

learned Reference Court and whereas the acquiring body has

sought for the grant from the State Government for the

amount in question to be deposited.

5.3. Learned advocate Ms. Dalal would submit that in case of

the present appellants also, in case the enhanced amount is

not deposited with the learned Reference Court then the

present appellants would also file an Execution Application

which would be considered by the Execution Court on its own

merits.

6. Considering the submissions made by learned advocates

for the parties and having regard to the very limited issue

which is required to be considered by this Court, this Court

proposes to dispose of the present first appeals even without

framing any specific issues.

6.1. It would appear that the issue with regard to the

applicability of the judgment passed by the Hon'ble Division

Bench in First Appeal No. 1796 of 2017 and allied matters to

C/FA/644/2023 ORDER DATED: 21/04/2023

the present cases are not in dispute. The only issue as has

been submitted by learned AGP being that the State has

preferred an appeal against the said decision before the

Hon'ble Apex Court and whereas the decision of the Hon'ble

Apex Court be awaited.

6.2. In this regard, this Court is inclined to consider the

submissions made by learned advocate Ms. Dalal on behalf of

the appellants, more particularly, the same being the

applicable proposition of law i.e. a decision which is under

challenge before a superior court, would not lose its

precedentiary value unless the said decision is stayed by the

superior court and unless and until such stay has been

granted, the law laid down by the said Court would be binding

to all other courts which are of coordinate strength or lesser

strength.

7. Considering the issue involved, as noted hereinabove,

since the facts more or less are not in dispute and also having

regard to the fact that the SLPs appear to have been filed

before the Hon'ble Apex Court and are presently in the defect

list and also considering the fact that in case of the claimants

C/FA/644/2023 ORDER DATED: 21/04/2023

in the group of first appeals decided by the Hon'ble Division

Bench, the acquiring body has sought for the grant from the

State Government for the amount in question to be deposited

and the claimants are presently before the Executing Court

for execution of the decision, in the considered opinion of this

Court, ends of justice would be met if the appropriate

directions in that regard are passed by this Court.

8. In view of the above discussion, the following directions

are passed.

8.1. As decided by Hon'ble Division Bench in First Appeal

No. 1796 of 2017 and allied matters vide common oral order

dated 19.03.2021, it is declared that the claimants are entitled

to the compensation at the rate of Rs. 520/- per sq.meter of

the land.

8.2. The appellants claimants would be entitled to enhanced

additional compensation at the rate of Rs. 413 per sq.meter

i.e. Rs. 520/- minus Rs. 107/- (97.10+9.90).

8.3. As directed by the Hon'ble Division Bench, the claimants

shall be entitled to the additional amount of compensation

with interest at the rate of 9% except for such period from the

C/FA/644/2023 ORDER DATED: 21/04/2023

date of award till the date of filing of the first appeals, more

particularly, in view of the voluntary waiver by the appellants

at the stage of application for condoning delay in filing of the

Appeals.

8.4. As directed by the Hon'ble Division Bench, the additional

compensation shall be paid within a period of four months

from the date of receipt of this order.

9. The First Appeals are disposed of as allowed on the

above terms.

(NIKHIL S. KARIEL,J) Bhoomi