Rajnagar Textile Mills (Unit Of ... vs The 2Nd Additional Special Land ...
2023 Latest Caselaw 727 Guj

     C/SCA/5166/2022                          JUDGMENT DATED: 30/01/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 5166 of 2022
                            With

     CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
                            In
       R/SPECIAL CIVIL APPLICATION NO. 5166 of 2022

                            With
        R/SPECIAL CIVIL APPLICATION NO. 10726 of 2022

=============================================
  RAJNAGAR TEXTILE MILLS (UNIT OF NATIONAL TEXTILE
                 CORPORATION LTD.)
                       Versus
THE 2ND ADDITIONAL SPECIAL LAND ACQUISITION OFFICER,
                    AHMEDABAD
=============================================
Appearance:
MR DEVANG VYAS, SENIOR ADVOCATE WITH
MR DG SHUKLA(1998) for the Petitioner(s) No. 1,2
DR VENUGOPAL PATEL(7411) for the Respondent(s) No. 3
MR K.M. ANTANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
RIZVAN SHAIKH(7146) for the Respondent(s) No. 2
=============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
      ARAVIND KUMAR
      and
      HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI

                          Date : 30/01/2023
                       COMMON ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. By consent of learned advocates appearing for the

parties, the matter is taken up for final disposal.

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

2. These two petitions are being filed assailing and/or

questioning the order dated 31.12.2021 passed by 2nd

Additional Special Land Acquisition Officer, Ahmedabad

dated 31.12.2021 in L.A.Q. Case No.16 of 2017

whereunder total compensation of Rs.23,05,30,044/- has

been awarded and a sum of Rs.2,53,03,512/- has been

ordered to be apportioned between respondent Nos.2 and

3.

3. Assailing the said determination as impermissible

and outside the scope of Sections 20, 21 and 27 of the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and resettlement Act, 2013

('the Act' for short), Special Civil Application No.5166 of

2022 has been filed. Whereas respondent No.3 in Special

Civil Application No.5166 of 2022 assailing the very same

order dated 31.12.2021 by filing Special Civil Application

No.10726 of 2022 contending, inter alia, that it is entitled

for the entire compensation and neither writ applicants in

Special Civil Application No.5166 of 2022 nor respondent

No.2 in the said Special Civil Application are entitled to

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

any amount of compensation.

4. We have heard the arguments of Mr. Devang Vyas,

learned Senior Advocate appearing for Mr. D.G. Shukla

for the writ applicants in Special Civil Application

No.5166 of 2022, Mr. K.M. Antani, learned Assistant

Government Pleader appearing for respondent No.1 in

both the petitions and Mr. M.T.M. Hakim, learned

advocate appearing for respondent No.2 and Mr. Mitul

Shelat, learned advocate appearing for respondent No.3

in Special Civil Application No.5166 of 2022 who are also

appearing for respondent No.6 in the connected matter.

5. Though Mr. Devang Vyas, learned Senior Advocate

appearing for the writ applicants in Special Civil

Application No.5166 of 2022 has vehemently contended

that the determination of compensation by the Collector

by apportionment of the compensation to the extent of

90% in favour of the writ applicants in Special Civil

Application No.5166 of 2022 and 10% between

respondent Nos.2 and 3 is outside the scope of the

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

provisions of the Act, we are not inclined to accept the

said contention inasmuch as a plain reading of Sections

21, 23 and 27 together would leave no manner of doubt

that when a notice is issued to the person interested in a

land as required under Section 21 of the Act, the

Collector is required to adjudicate the claims to

compensation and rehabilitation and resettlement by

considering the claim of all such persons having interests

in such land vide Section 21 of the Act. An inquiry being

contemplated under Section 23 postulates that on the day

so fixed for inquiry when the Collector proceeds to

inquire into the objection if any filed by person/s

interested pursuant to the notice issued under Section 21

such inquiry includes issues relating to measurement of

the land made under Section 20; and into the value of the

land at the date of publication of the notification; and into

the respective interest of the persons claiming

compensation, rehabilitation and resettlement. To

encompass within its sweep, the entitlement of

apportionment of compensation inter se amongst the

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

interested persons as to what would be the scope of such

inquiry would be in the domain of the Collector and this

Court in exercise of powers vested under Article 226 of

the Constitution of India would not adjudicate upon such

claims as Collector would be the fact-finding authority

and also would have to undertake such exercise. On such

order being made, as has been done by respondent No.2

in the instant case by passing an order on 31.12.2021,

such order or said order would be susceptible for being

challenged by submitting a written application submitted

to the Collector who in turn is required to refer for

determination of the authority as prescribed under

Section 51 of the Act. A plain reading of sub-section (1) of

Section 51 of the Act would indicate that appropriate

Government shall, for the purpose of providing speedy

disposal of disputes relating to land acquisition,

compensation, rehabilitation and resettlement, establish,

by notification, one or more Authorities to be known as

'the Land Acquisition, Rehabilitation and Resettlement

Authority' to exercise jurisdiction, powers and authority

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

conferred on it by or under the Act. Sub-section (2) of

Section 51 of the Act enables the appropriate

Government to specify in the notification referred to in

sub-section (1) the areas within which the Authority may

exercise jurisdiction for entertaining and deciding the

references made to it under Section 64 or applications

made by the applicant under second proviso to sub-

section (1) of Section 64 inasmuch as in a given case

where an application has been made by an applicant to

the Collector is not being referred to then such person or

applicant may apply to the authority requesting it to

direct the Collector to make a reference to it within a

period of 30 days.

6. In the instant case, undisputedly respondent Nos.2

and 3 in Special Civil Application No.5166 of 2022 have

sought for reference under Section 64 and which is said

to be pending before the Collector. On account of the writ

applicants in Special Civil Application No.5166 of 2022

having directly challenged the order dated 31.12.2021

before this Court, we are of the considered view that an

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

opportunity has to be given to the writ applicants, also to

submit an application seeking reference by permitting the

writ applicants to submit such application within 10 days

from the date of receipt of the copy of this judgment. On

such application being filed and the reference already

sought for by respondent Nos.2 and 3 being referred to

the Adjudicating Authority, said authority would be

required to adjudicate the same in the manner known to

law and as contemplated under Section 64 of the Act. On

account of parties staking their claim for payment of

compensation which has already been determined viz. the

issue of apportionment / entitlement being in serious

dispute, this order is being passed directing the

Adjudicating Authority constituted under Section 64 viz.

Mr. K.D. Parmar, Retired Principal Judge, Family Court,

Anand as the Adjudicating Authority and Presiding Officer

of Ahmedabad Zone by issuance of a notification under

Section 51 dated 4.9.2021 to adjudicate such claim.

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

7. Hence, we proceed to pass following

JUDGMENT

(i) Special Civil Application No.5166 of 2022 and

Special Civil Application No.10726 of 2022 stand

disposed of by directing respondent No.1 - 2 nd

Additional Special Land Acquisition Officer,

Ahmedabad to refer the application filed by the writ

applicants seeking reference under Section 64 of the

Act by referring the same to the Adjudicating

Authority constituted under Section 64 of the Act

expeditiously and at any rate within an outer limit of

two weeks from the date of receipt of this judgment;

(ii) The writ applicants in Special Civil Application

No.5166 of 2022 are granted liberty to file an

application seeking reference by submitting an

application to the Collector, Ahmedabad for

referring their claim to the authority constituted

under Section 64 of the Act expeditiously and at any

rate within an outer limit of two weeks from the date

of receipt of this judgment;

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

(iii) The Adjudicating Authority referred to hereinabove

shall adjudicate all the three applications in

accordance with the law and as contemplated under

Section 64 of the Act expeditiously and at any rate

within an outer limit of six weeks from the date of

receipt of the references from the Collector and

regulate the proceedings in the manner as it deems

fit;

(iv) The amount of compensation which has been

determined by the Special Land Acquisition Officer

by order dated 31.12.2021 shall be kept in a fixed

deposit in any nationalised bank by the State initially

for a period of six months and shall ensure that said

deposit is constantly renewed if required till

adjudication of the claims and it is needless to state

that successful party / parties would be entitled to

proportionate amount if any awarded by the

Adjudicating Authority with proportionate accrued

interest. It is needless to state that till such

C/SCA/5166/2022 JUDGMENT DATED: 30/01/2023

adjudication is concluded, there shall be no

disbursement of the said amount to any of the

parties;

(v) All pending applications stand consigned to records.

(ARAVIND KUMAR,CJ)

(ASHUTOSH SHASTRI, J) Bharat