Govindbhai Hansarajbhai vs Deputy Collector Land ...
2023 Latest Caselaw 588 Guj

Citation : 2023 Latest Caselaw 588 Guj
Judgement Date : 19 January, 2023

Gujarat High Court

Govindbhai Hansarajbhai vs Deputy Collector Land ... on 19 January, 2023

Bench: Nikhil S. Kariel

      C/FA/4439/2022                                 ORDER DATED: 19/01/2023




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 4439 of 2022

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                          GOVINDBHAI HANSARAJBHAI
                                      Versus
  DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION AND IRRIGATION
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR AKASH CHHAYA, AGP for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 19/01/2023

                                 ORAL ORDER

1. Heard learned Advocate Mr.Tejas P.Satta on behalf of

the appellant and learned AGP Mr.Akash Chhaya on behalf of the

opponent-State.

2. ADMIT. Learned AGP Mr.Chhaya waives service of

notice of admission on behalf of the respondent-State.

3. Learned Advocate Mr.Satta on behalf of the appellant

would submit that the present appeal is covered by judgment and

order dated 29.06.2022 and 18.10.2022 passed by the learned

coordinate Benches of this Court in First Appeal No.862 of 2022

and allied matters and First Appeal No.4157 of 2022 and allied

matters. Learned Advocate would submit that the impugned

judgment and order rejecting References by the learned Reference

Court has been passed only on the ground that the claimants were

unable to adduce any evidence even after affording ample

C/FA/4439/2022 ORDER DATED: 19/01/2023

opportunities to them. It is submitted that a last opportunity

may be given to the appellants-claimants to adduce evidence

before the Court below and as per the observations made by

this Court vide order dated 29.06.2022, for intervening period

i.e. from the date of judgment till passing of the order of this

Court, in the present appeal also, the appellants-claimants will not

claim any interest.

4. Learned AGP on the contrary, has submitted that the

order passed by the Court below is appropriate since the same

reflects that despite giving ample opportunities to the claimants,

the appellants did not adduce any evidence and the issues were

framed the right to evidence was closed. It is submitted that the

burden is raised on the appellants-claimants to prove their case

in the case of claiming the compensation and hence, no order may

be passed.

5. Heard the learned advocates for the respective

parties and also perused the documents as pointed out by them.

6. The appellants have placed reliance on orders dated

29.06.2022 and 18.10.2022 passed by the learned coordinate

Benches of this Court in First Appeal No.862 of 2022 and allied

matters and First Appeal No.4157 of 2022 and allied matters on the

similar issue, whereby the reference Court has rejected the

C/FA/4439/2022 ORDER DATED: 19/01/2023

reference application on the ground that the appellants-claimants

did not produce any evidence despite giving ample

opportunities to them. The Coordinate Bench of this Court has

observed thus:

"6. In view of above, this Court is of the opinion that in the land reference cases, it is the duty of the learned reference Court to go into the issue of awarding compensation and to assess the same for its adequacy in the background that the claimants have lost possession of their land. In the present case, no such exercise has been undertaken by the learned reference Court. In the premise, the impugned judgment and orders are hereby set aside and the matters are remanded back to the learned reference Court for determining the entitlement of the land owners to just, reasonable and adequate compensation, which can be determined only after examining the evidence adduced by the parties. In the interest of justice, the present appellants deserve an opportunity to produce additional evidence in respect of their entitlement to adequate compensation.

6.1 Accordingly, all the First Appeals are hereby allowed. The impugned common judgment and order is hereby quashed and set aside and the matter is remanded to the learned reference Court for fresh consideration in accordance with law with a liberty in favour of the parties to adduce oral as well as documentary evidence in support of their case.

C/FA/4439/2022 ORDER DATED: 19/01/2023

6.2 The parties are directed to adduce their evidence within 6 weeks from the date of first appearance before the learned reference Court. The reference Court is also directed to decide the reference cases as expeditiously as possible and not later than 31.12.2022.

6.3 It is also seen from the record that the learned reference Court had granted number of opportunities to the appellants with respect to production of evidence, however, they remained negligent. Therefore, this Court is of the opinion that if any enhancement is made by the learned reference Court in the remand proceedings, the appellants shall not be entitled to any interest from the date of impugned judgment till today, i.e. from 17.3.2018 to 29.6.2022.

6.4 The parties are directed to cooperate with the learned reference Court in early disposal of the reference cases. Present First Appeals are allowed for the aforesaid reasons and accordingly stand disposed of. There shall be no order as to costs."

7. This Court has observed 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.

8. Under the circumstances, and in light of the aforesaid

order passed by this Court, it is directed that the parties shall

adduce their evidence within a period of six weeks from the date

C/FA/4439/2022 ORDER DATED: 19/01/2023

of first appearance before the reference Court. The reference

Court is also directed to decide the reference cases as

expeditiously as possible and not later than 01.08.2023. It is also

directed that the appellants-claimants shall not be entitled for