Gujarat High Court
Dulabhai Sidibhai vs State Of Gujarat on 21 February, 2023
Bench: A.Y. Kogje
C/FA/4425/2022 ORDER DATED: 21/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4425 of 2022
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DULABHAI SIDIBHAI
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
for the Defendant(s) No. 2,3
MR PRANAV DHAGAT, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 21/02/2023
ORAL ORDER
1. With the consent of both the sides, the appeal is taken up
for final disposal.
2. The appeal is preferred against the judgment and award
dated 6th July 2018 by the Principal Senior Civil Judge at Rajula
in Land Reference Case No.598 of 2017.
3. At the outset, learned advocate for the appellant has
prayed for remanding the matter back to the reference court as
the reference court has not decided the matter on merits, and in
absence of the appellant before the reference court, the reference
of the appellant came to be rejected.
C/FA/4425/2022 ORDER DATED: 21/02/2023
4. Learned advocate has further stated, under instructions,
that the claimant will not claim any interest with effect from the
date on which the award came to be rejected.
5. Learned AGP submitted that in similar facts of the case,
and in fact, in similar acquisition proceedings, this Court has
deal with in First Appeal No.4153 of 2022, whereby also, the
matter has been remanded back.
6. Having considered the rival submissions and having
perused the documents on record, it appears that the present
acquisition pertains to village Khakhbai of taluka Rajula for the
purpose of Dhatarwadi-2 Irrigation Project. Section 4 notification
and Section 6 notification were duly published, and pursuant
thereto, the Land Acquisition Officer has awarded compensation
at the rate of Rs.13=00 per sq.meter.
7. Aggrieved by the aforesaid compensation awarded by the
Land Acquisition Officer, the land reference cases were preferred
under Section 18 of the Act.
8. From the order it appears that the land reference cases
were transferred to the Principal Senior Civil Judge at Rajula on
account of the bifurcation of the jurisdiction. However, it appears
that the said transfer was not within the knowledge of the
appellant though it is recorded that the notice of such transfer
was served vide Exh.10 and thereafter the claimants failed to
remain present, as a result of which, by relying upon the
C/FA/4425/2022 ORDER DATED: 21/02/2023
decision of the Apex Court in the case of Khazan Singh (dead) by
L.Rs. vs. Union of India, reported in AIR 2002 SC 726, in
absence of the claimants for a long period, the reference came to
be dismissed.
9. This Court, in First Appeal No.4153 of 2022, has passed an
order dated 18.10.2022. The facts would indicate that the
proceedings in the aforesaid first appeal arose out of the very
acquisition proceedings and a similar order was passed.
10. In view of the aforesaid, the Court deems it fit to adopt the
same modality as has been done in the First Appeal No.4153 of
2022.
11. In view of the statement of the learned advocate for the
appellant 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 6th July 2018
by the Principal Senior Civil Judge at Rajula in Land Reference
Case No.598 of 2017 is set aside and the 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 appellant.
12. 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 &
C/FA/4425/2022 ORDER DATED: 21/02/2023
oral evidence on record as well as the additional evidence that
may be brought on record by the parties.
13. 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.
14. In view of the aforesaid, the First Appeal stands disposed
of. There shall be no order as to costs.
(A.Y. KOGJE, J.)
/MOINUDDIN
