Gujarat High Court
Ratilal Anandjibhai Ladani vs State Of Gujarat on 21 February, 2023
Bench: A.Y. Kogje
C/FA/4426/2022 ORDER DATED: 21/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4426 of 2022
With
R/FIRST APPEAL NO. 4427 of 2022
With
R/FIRST APPEAL NO. 4428 of 2022
With
R/FIRST APPEAL NO. 4429 of 2022
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RATILAL ANANDJIBHAI LADANI
Versus
STATE OF GUJARAT
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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 ASHUTOSH DAVE, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 21/02/2023
COMMON ORAL ORDER
1. With the consent of both the sides, the appeals are taken
up for final disposal as the appellants have essentially prayed for
remand on the ground that the appellants were unable to lead
their evidence before the reference court.
2. The appeals are preferred against the judgment and award
dated 7th August 2018 by the Principal Senior Civil Judge at
Dhoraji in Land Reference Cases Nos.43 to 52 of 2012.
3. At the outset, learned advocate for the appellants has
drawn attention of this Court to the award of the reference court
C/FA/4426/2022 ORDER DATED: 21/02/2023
and has submitted that the reference court has recorded that
both the applicants as well as the opponents have failed to prove
their respective submissions by leading evidence in the court
and thereby the final order was passed rejecting the reference of
the appellants herein.
4. Learned advocate has referred to an oral order dated
21.10.2022 passed in the First Appeal No.4313 of 2022 and
submitted that one of the claimants, namely no.6 Muktaben
Maganlal Ladani, in the aforesaid reference cases, had filed First
Appeal No.4313 of 2022 which came to be disposed of by the
aforesaid order and prays for disposing off the present appeals in
the same fashion.
5. Learned AGP has opposed grant of the application by
contending that the failure on the part of the appellants to
produce cannot be attributed to the State nor can it be said that
sufficient opportunity was not provided to the appellants to place
on record the evidence in support of their claim. It drew
attention of this Court to paragraph-2 of the reference court to
indicate that atleast three times opportunities were given to the
appellants but they failed to avail.
6. Having considered the rival submissions of the parties and
having perused the documents on record, it appears that the
impugned award of the reference court passed in the Land
Reference Cases Nos.43 to 52 of 2012 is dated 7.8.2018, wherein
the lead case was referred to as the Land Reference Case No.53
of 2012. It further appears that the acquisition was of the village
Chhadvavadar, Taluka Dhoraji, District Rajkot, for the purpose
C/FA/4426/2022 ORDER DATED: 21/02/2023
of Bhadar-2 Irrigation Scheme, wherein Section 4 notification
was published on 14.8.2008 and the Land Acquisition Officer
had awarded compensation at the rate of Rs.6=20ps. Per
sq.meter.
7. Aggrieved by this, the reference was preferred by the
applicants under Section 18 of the Land Acquisition Act.
8. The Court has taken into consideration the order dated
21.10.2022 passed in the First Appeal No.4313 of 2022 in
connection with one of the references which is covered under the
very award impugned herein. The Court observes that the facts
of the First Appeal No.4313 of 2022 are identical to the facts of
the present case and, in fact, the reference is arising out of the
same acquisition proceedings.
9. In view of the aforesaid, the Court would adopt the same
modality as adopted by this Court in the previous order dated
21.10.2022 passed in the First Appeal No.4313 of 2022.
Accordingly, this Court observes that the appellants-claimants
shall not be entitled for any interest for the intervening period,
i.e. from the date of impugned judgment till the order passed by
this Court.
10. In view of the statement of the learned advocate for the
appellants that no written arguments could be placed on record
and no oral arguments were made in the matter, in the interest
of justice, the impugned judgment and award dated 7 th August
2018 passed by the Principal Senior Civil Judge at Dhoraji in
Land Reference Cases Nos.43 to 52 of 2012 is set aside and the
C/FA/4426/2022 ORDER DATED: 21/02/2023
matter is remanded back to the Reference Court for fresh
adjudication on merits after giving due opportunity of hearing to
the learned advocate for the appellants.
11. The parties are at liberty to adduce additional evidence in
support of their case, however, such an opportunity will only be
given once, thereafter, the Reference Court will decide the matter
on its own merits taking into consideration the documentary &
oral evidence on record as well as the additional evidence that
may be brought on record by the parties.
12. The parties are directed to remain present before the
Reference Court on 21.3.2023. It is directed that the Reference
Court will decide the reference expeditiously in accordance with
law.
13. The parties are directed to cooperate with the Reference
Court for early disposal of the reference cases.
14. In view of the aforesaid, the First Appeals stand disposed
of. There shall be no order as to costs.
(A.Y. KOGJE, J.)
/MOINUDDIN
