Rohitkumar Navinchandra vs Gujarat Government
2023 Latest Caselaw 5504 Guj

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      C/FA/3117/2023                                 ORDER DATED: 01/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 3117 of 2023

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                         ROHITKUMAR NAVINCHANDRA
                                  Versus
                           GUJARAT GOVERNMENT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR KURVEN DESAI, AGP for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 01/08/2023

                                 ORAL ORDER

1. Heard learned Advocate Mr. Tejas P. Satta

for the appellant and learned Assistant

Government Pleader Mr.Kurven Desai for the

respondent-State.

2. Admit. Learned AGP Ms.Kurven Desai waives

service of notice of admission on behalf of

the respondent-State.

3. By way of this appeal, the appellant

challenges the judgment and award passed by

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the learned Principal Senior Civil Judge,

Lalpur, dated 29.06.2018 in Land Acquisition

Reference Case No.11/2007 in group LAR

Nos.11/2007 to 23/2007, whereby the learned

Civil Court had disposed of the Reference

Cases as rejected without any interference as

regards the amount awarded to the claimants.

4. Considering the limited issue involved, as

to whether the learned Reference Court ought

to have rejected the references more

particularly on account of the claimants not

leading any evidence and whether the learned

Reference Court ought to have considered the

material which was available and passed the

award with the consent of the parties, the

present appeal is taken up for final disposal

more particularly without any reference to the

requirements as per Order 41 Rule 31 of the

Code of Civil Procedure, 1908.

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5. It appears that the learned Reference

Court, for rejecting the Land Acquisition

Reference Case, had come to a conclusion that

the appellant-claimant could not prove that

the award passed by the Collector was

inadequate or disproportionate since the

appellant had not led any evidence to prove

that the amount of compensation awarded by the

Collector was inadequate or disproportionate.

It is also required to be noted that this

Court vide order dated 12.07.2023 had inter

alia condoned the delay subject to the

condition that the appellant - claimant shall

not claim interest upon enhanced amount, if

any, for the period of delay. In this view of

the matter, on both the counts, since it

appears that the learned Reference Court could

not decide the references on account of the

evidence not being led and since there was a

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delay in preferring appeal, the appellant

would not be entitled to any interest for the

period noted hereinabove.

6. This Court in this regard has considered

the decisions of learned Co-ordinate Benches

of this Court relied upon by learned Advocate

Mr. Satta, more particularly decision of

learned Coordinate Bench (Coram : Hon'ble the

Acting Chief Justice 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 : Hon'ble Mr.Justice 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 Coordinate Benches, it appears that

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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 claimant or the acquisition authorities,

could decide whether the land owner was

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

claimant 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 Coordinate Benches, therefore the

impugned judgment and award deserves to be

interfered with, more particularly since in

the considered opinion of this Court, the

Competent Court i.e. the Reference Court ought

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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.

9. In this view of the matter, the judgment

and award dated 29.06.2018 passed by the

learned Principal Senior Civil Judge, Lalpur,

in Land Acquisition Reference Case No.11/2007

in group LAR Nos.11/2007 to 23/2007 is hereby

quashed and set aside. Furthermore, since it

is clear that the appellant himself did not

lead any evidence before the learned Reference

Court, therefore it is directed that if the

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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

29.06.2018 to 01.08.2023.

10. In view of the above order, the learned

Reference Court shall hear and decide the Land

Acquisition Reference Case No.11/2007 in group

LAR Nos.11/2007 to 23/2007 (in group LAR

Nos.11/2007 to 23/2007) and whereas the

appellant herein original claimant 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. 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.

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11. With the above observations and

directions, the present appeal stands disposed

of as Partly Allowed.

(BHARGAV D. KARIA, J)

PALAK