Gujarat High Court
Nirashrit Saghabhai Satabhai vs State Of Gujarat on 7 January, 2023
Bench: Ashutosh J. Shastri
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 22665 of 2022
=============================================
NIRASHRIT SAGHABHAI SATABHAI
Versus
STATE OF GUJARAT
=============================================
Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, ASST.GOVERNMENT PLEADER for Respondent Nos.1-3
MR KM ANTANI for Respondent No.4-5
=============================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 07/01/2023
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. By consent of learned advocates appearing for
the parties, this petition is taken up for final disposal.
2. We have heard the arguments of Shri A.V.
Prajapati, learned counsel appearing for petitioner,
Mr.Sahil Trivedi, learned Assistant Government Pleader
appearing for respondent Nos.1 to 3 and Mr.K.M.Antani,
learned counsel appearing for respondent Nos.4 and 5.
3. Land bearing Survey No.79 paiki situated at
village Arjansar, Taluka Radhanpur, District Patan, came
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
to be acquired by the respondents by issuance of notice
issued under Section 4 on 21.01.2012 followed by
notification issued under Section 6 on 20.03.2012.
Pursuant to the same, award came to be passed on
26.03.2014.
4. The grievance of petitioner is that the award
having been passed subsequent to the enactment of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, it
is hit by Section 24(1)(a). Hence, petitioner seeks for
quashing of the award dated 26.03.2014 and also has
sought for a direction to the respondents to pass fresh
award under the provisions of the new Act. The learned
advocates appearing for the respondents submit that the
award in question has been passed by consent and as
such there is no need for passing fresh award.
5. Having heard the learned advocates appearing
for the parties, we are of the considered view that the
following point would arise for our consideration :
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
"Whether the award dated 26.03.2014 is
liable to be quashed?"
6. Similar issue had arisen in Special Civil
Application No.3889 of 2022 with Special Civil
Application No.3891 of 2022 and this Court by order
dated 28.07.2022 had held the point in the affirmative by
concluding as under :
"7. Having heard the learned
advocates appearing for parties and on
perusal of Section 24 of the Act, it would
emerge therefrom that sub-section (1)
contains two parts namely Clause (a) and
Clause (b). Clause (a) would indicate that
where no award under Section 11 of the old
Act has been made, the provisions of the new
Act would be applicable for determination of
compensation; Clause (b) would mandate that
where an award under Section 11 has been
made, then the proceedings would continue
under the provisions of the old Act. In the
present situation, namely on the facts on
hand, it would indicate that pursuant to the
Notification dated 29.05.2013, the award
came to be passed on 31.01.2014 and
15.01.2014 respectively i.e. after the new Act
coming into force on 01.01.2014. Thus, the
awards passed under the old Act, after the
new Act having coming into force would have
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
no legs to stand. In other words by the time,
the awards in question came to be passed i.e.
on 31.01.2014 and 15.01.2014, the new Act
of 2013 had already come into force.
Therefore, in terms of Clause (a) of sub-
section (1) of Section 24, award under the
provisions of the new Act were required to be
passed. Hence, awards passed under the old
Act would have to make way for award being
passed under new Act.
8. Insofar as the date of awards above
referred to are concerned, the learned AGP
would not dispute this fact. Though, he has
contended that impugned awards are passed
by consent, we are of the considered view
that consent cannot confer the jurisdiction on
statutory authority to pass an award contrary
to the provisions of the Statute. Clause (a) of
sub-section (1) of Section 24 being clear and
unambiguous namely to the effect that on
coming into force the provisions of new Act
and awards if having not been passed under
the old Act, the award will have to be passed
under Act 2013. In respect of subject lands,
for which, the acquisition proceedings had
been commenced under old Act, award came
to be passed after new Act came into force.
The only option which was available to the
authorities is to pass awards under the new
Act. Hence, the impugned awards cannot be
sustained."
7. In the light of the aforesaid opinion already
expressed by us, we are of the considered view that the
award passed under the old Act would not be sustainable
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
after coming into force of the new Act. Hence, the
impugned award cannot be sustained.
8. For the reasons aforestated, we proceed to pass
the following :
ORDER
(i) Special Civil Application is allowed.
(ii) The award dated 26.03.2014 (Annexure-
A) is hereby quashed and respondent
No.3 is directed to pass fresh award
under the provisions of 2013 Act in
respect of the subject land expeditiously
at any rate within an outer limit of three
months from the date of receipt of copy
of this order.
(iii) However, it is made clear that
undisputedly the compensation having
been paid to petitioner pursuant to the
award dated 26.03.2014, the amount
paid pursuant thereto can be retained by
C/SCA/22665/2022 JUDGMENT DATED: 07/01/2023
petitioner and said amount shall be given
set off at the time of passing fresh
award. It is also made clear that
petitioner would not be entitled to
interest for the period from 26.03.2014
till 21.10.2022 (date of filing of this
Special Civil Application).
(iv) Learned counsel for the respondents are
permitted to file memo of appearance /
Vakalatnama within four weeks from
today.
(ARAVIND KUMAR, CJ)
(ASHUTOSH J. SHASTRI, J)
GAURAV J THAKER
