Bhavnagar District Panchayat vs Mahendrasinh Ajitsinh Gohil
2023 Latest Caselaw 87 Guj

       C/FA/1641/2017                               ORDER DATED: 04/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1641 of 2017

                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2017
                 In R/FIRST APPEAL NO. 1641 of 2017
                               With
 CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2019
                 In R/FIRST APPEAL NO. 1641 of 2017
                               With
                  R/FIRST APPEAL NO. 1669 of 2017
                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2017
                 In R/FIRST APPEAL NO. 1669 of 2017
                               With
                  R/FIRST APPEAL NO. 1680 of 2017
==========================================================
                     BHAVNAGAR DISTRICT PANCHAYAT
                                 Versus
                  MAHENDRASINH AJITSINH GOHIL & 2 other(s)
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
VIDIT S SHARMA(7365) for the Defendant(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 04/01/2023

                                 ORAL ORDER

1. Heard learned Advocate Mr. H. S. Munshaw on behalf of the

appellant and learned Advocate Mr. Nikunt K. Raval with learned

Advocate Mr. Vidit S. Sharma for respondents no. 1 in all three appeals

and learned AGP Mr. Ashutosh Dave on behalf of the respondents no. 2

& 3 in all three appeals.

C/FA/1641/2017 ORDER DATED: 04/01/2023

2. It appears that a total of 48 appeals had been filed against the

common judgment and order passed by the learned 11 th Additional Senior

Civil Judge, Bhavnagar in Land Reference Case No. 49 to 96 of 2015.

The said group of 48 appeals had been heard by a learned Co-ordinate

Bench (Coram: Justice A. J. Shastri) and whereas, vide a common oral

order dated 28.02.2019 a learned Co-ordinate Bench had been pleased to

dispose of 25 first appeals referred to in the said decision inter alia on the

ground that the total enhanced amount in each of the said 25 appeals

appeared to be less than Rs. 1 lakh each.

3. It also appears that the rest of the 23 first appeals were heard by a

learned Co-ordinate Bench including the present 3 appeals and whereas,

learned Co-ordinate Bench [Coram: Justice Aniruddha P. Mayee] vide

oral order dated 02.08.2022 had disposed of 20 out of remaining 23

appeals, more particularly, on the ground that the compensation awarded

in each of the 20 appeals was less than Rs. 5 lakhs and whereas, the

learned Co-ordinate Bench had relied upon a Circular of the State

Government dated 25.10.2016, more particularly, whereby the State

Government had declared that matters where compensation is awarded up

to Rs. 5 lakhs could be compromised or disposed of relying upon the said

C/FA/1641/2017 ORDER DATED: 04/01/2023

Circular during the claims as petty claims.

4. It appears that since in the present group of three appeals which are

left out from the original group of 48 appeals, the compensation amount

was more than Rs. 5 lakhs, therefore, the said appeals, had not been

disposed of on the ground of smallness of the amount of compensation.

5. Learned Advocate Mr. Munshaw for the appellant has made

various submissions challenging the impugned judgment and order

whereas such submissions have been supported by learned AGP Mr.

Dave.

6. On the other hand learned Advocate Mr. Nikunt Raval has made

various submissions in support of the impugned judgment and award.

7. Having regard to the fact that this Court deems it appropriate to

dispose of the present group of appeals on a limited issue, the

submissions of learned Advocates are not recorded.

8. It appears that in common oral order dated 28.02.2019 whereby

learned Co-ordinate Bench had disposed of a group of 25 first appeals,

C/FA/1641/2017 ORDER DATED: 04/01/2023

the learned Co-ordinate Bench had observed as under " Having gone through

the order passed by the Reference Court in detail, it prima facie appears that there is a

strong application of mind on the issue in question. The order is well supported by

cogent reasons and is based upon analysis of decision delivered by the Hon'ble Apex

Court in several cases. Therefore, it appears that there seems to be no material

irregularity of any nature nor any perversity which may allow this Court to substitute

the finding." Having observed as above, the learned Co-ordinate Bench had

further observed "It further appears that looking to the enhancement given by the Reference Court, the amount seems to be practically less than Rs. 1.00 lakh in almost

all these 25 appeals namely, First Appeal Nos. 1637/2017, 1638/2017, 1639/2017,

1642/2017, 1643/2017, 1644/2017, 1645/2017, 1647/2017, 1648/2017, 1649/2017,

1650/2017, 1652/2017, 1653/2017, 1656/2017, 1660/2017, 1663/2017, 1664/2017,

1665/2017, 1668/2017, 1670/2017, 1674/2017, 1676/2017, 1677/2017, 1678/2017

and 1679/2017 and, as such, in view of the fact that there is no perversity in the order

passed by the Reference Court nor any material irregularity, in the addition to it, the

smallness of amount has also desisted the Court from exercising appellate

jurisdiction."(emphasis supplied)

8.1. From the above quoted portion, it clearly appears that while

smallness of the amount was the subsidiary aspect which weighed with

the learned Co-ordinate Bench, and whereas, primarily learned Co-

ordinate Bench of this Court was of the opinion that on merits, the order

of the learned Reference Court did not warrant any interference.

C/FA/1641/2017 ORDER DATED: 04/01/2023

9. It also appears that the said decision, has attain finality between the

parties as the appellant therein had chosen not to challenge the said

decision before the Hon'ble Apex Court.

10. Considering that learned Co-ordinate Bench had deemed it

appropriate to allow the appeals arising from the same impugned

judgment and order dated 28.11.2016 on merits, in the considered opinion

of this Court, judicial discipline demands that the same view should be

followed by this Court. Having regard to such a circumstance, in the

considered opinion of this Court, the present appeals should fail.

11. In this view of the matter the present First Appeals fail and stand

disposed of as rejected. The impugned judgment and order dated

28.11.2016 passed by the learned 11th Additional Senior Civil Judge,

Bhavnagar in Land Reference Appeal No. 57, 85 and 96 co-relatable with

First Appeal No. 1641, 1699 and 1680 of 2021 is confirmed.

12. Consequentially the Authorities are directed to pay the amount of

compensation accrued in favour of each of the appellant herein by virtue

of the amount judgment and order by 15.03.2023. In view of the order

C/FA/1641/2017 ORDER DATED: 04/01/2023

passed in the appeals, the Civil Applications are disposed of. R & P to be

returned back to the learned Civil Court.

(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia