Khimabhai Najabhai vs Deputy Collector
2023 Latest Caselaw 5909 Guj

                                                                                    NEUTRAL CITATION




     C/FA/3132/2023                                JUDGMENT DATED: 11/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3132 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                            KHIMABHAI NAJABHAI
                                  Versus
                            DEPUTY COLLECTOR
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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
for the Defendant(s) No. 2
MS TANUSHREE SHRIMAL, AGP for the Defendant(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 11/08/2023

                              ORAL JUDGMENT

1.Heard learned Advocate Mr. Tejas P. Satta

for the appellant and learned AGP

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Ms.Tanushree Shrimal for the respondent-

State.

2.Admit. Learned AGP Ms.Tanushree Shrimal

waives service of notice of admission on

behalf of the respondent-State.

3.By this appeal, the appellant has challenged

the Judgment and Decree passed by the 8th

Additional Senior Civil Judge, Jamnagar,

dated 30.07.2018 in Land Acquisition

Reference (LAR) Case Nos. 345/2007 whereby

the Reference Case was rejected.

4.With consent of the learned advocates of

both the sides the First Appeal is taken up

for final disposal.

5.The land of the appellant-claimant situated

at Village:Rampar, Talulka and

District:Jamnagar was acquired for the

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purpose of Kankavati Irrigation Scheme.

6.A notification under Section 4 of the Land

Acquisition Act, 1894 (for short "the Act")

was published on 18.05.2006. The Special

Land Acquisition Officer by Award dated

30.06.2007 in Land Acquisition Case No.2 of

2006 awarded Rs.5/- per square meter.

7.Feeling aggrieved and dissatisfied with the

award passed by the Special Land Acquisition

Officer, the appellant-claimant preferred

reference under Section 18 of the Act.

8.The Reference Court by the impugned Judgment

and Award dated 30.07.2018 dismissed the

claim petition filed by the appellant-

claimant as the claimant could not remain

present before the Court despite giving

sufficient time and could not adduce any

evidence in support of the claim. It is

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recorded by the Reference Court that notice

was issued to the claimant but thereafter

due to his absence, the evidence was closed

and the Reference Court therefore, held that

the claimant failed to prove his case.

9.In such circumstances, when the claimant has

remained absent to lead the evidence, the

claimant is not entitled to interest from

the date of impugned Judgment and Award till

the date of passing of this order.

10. In similar facts, the Coordinate Bench

vide order dated 03.10.2019 passed in First

Appeal No. 4699 of 2019 and vide order

dated 29.06.2022 passed in First Appeal No.

862 of 2022 and allied matters remanded the

matter back to the Reference Court.

11. Considering the aforesaid decisions of

the Coordinate Bench, it appears that while

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remanding the matter back, a view has been

taken that the Competent Court after taking

into consideration the material which may be

placed on record by the claimant or the

respondent authorities, can decide whether

the landowner was entitled to enhanced

compensation, however, the claimants would

not be entitled to claim interest from the

date of the impugned Judgment and Award till

the date of passing the order by this Court.

12. Considering the view taken by the

Coordinate Bench in the similar facts in

other First Appeals, the impugned Judgment

and Award deserves to be interfered with as

the Reference Court could not have rejected

the Reference Case merely on the ground that

no evidence is led by the claimant-

appellant. The Reference Court ought to have

taken an independent decision relying upon

the necessary documents including the award

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in question as well as other comparable sale

instances of the surrounding land, earlier

award etc. passed with regard to the land in

the near vicinity.

13. Therefore in order to give a fair

opportunity to the appellant before the

Reference Court, the impugned Judgment and

Award passed by the 8th Additional Senior

Civil Judge, Jamnagar, dated 30.07.2018 in

Land Acquisition Reference (LAR) Case Nos.

345/2007 is hereby quashed and set aside so

as to give an opportunity to the appellant-

claimant to lead any evidence, if required,

but the appellant-claimant would not be

entitled to any interest for the period from

the date of impugned Judgment and Award of

the Reference Court till today i.e. from

30.07.2018 to 11.08.2023 on the enhanced

amount of compensation if any. It is further

directed that the Reference Court shall hear

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and decide the in Land Acquisition Reference

(LAR) Case Nos. 345/2007 after giving an

opportunity to the appellant-claimant to

lead oral and documentary evidence. The

appellant-claimant is also directed to

cooperate with the Reference Court for

expeditious hearing of the Land Reference

Case. Such exercise shall be completed

within a period of six months from the date

of receipt of this order.

14. With the aforesaid observation and

direction, this appeal is partly allowed. No

order as to costs.

(BHARGAV D. KARIA, J) PALAK