Karsanbhai Naranbhai Bari vs State Of Gujarat
2023 Latest Caselaw 2130 Guj

Citation : 2023 Latest Caselaw 2130 Guj
Judgement Date : 7 March, 2023

Gujarat High Court

Karsanbhai Naranbhai Bari vs State Of Gujarat on 7 March, 2023

Bench: Biren Vaishnav

     C/SCA/597/2023                              JUDGMENT DATED: 07/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 597 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI

and
HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                      KARSANBHAI NARANBHAI BARI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR VIJAY N RAVAL(2025) for the Petitioner(s) No. 1,2,3,4,5,6,7
MS.SHRUNJAL SHAH, AGP for the Respondent(s) No. 1,2,3,4
MR RUTVIJ M BHATT(2697) for the Respondent(s) No. 5
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    CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
          JUSTICE A.J.DESAI
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 07/03/2023

                      ORAL JUDGMENT

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

1. Leave to delete petitioner no.4.

2. RULE returnable forthwith. Ms.Shrunjal Shah

learned AGP waives service of notice of Rule on

behalf of the respondent State.

3. With the consent of learned advocates for the

respective parties, the petition is taken up for

final hearing.

4. By way of this petition under Article 226 of the

Constitution of India, the petitioner has mainly

prayed for the following reliefs:

"(A) A writ of mandamus or a writ in the nature of mandamus or a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction may kindly be issued directing the respondent authority to pay the amount of rent with interest to the petitioners from the date of taking actual possession of the land of the petitioners till the amount of sizeable compensation is released in favour of the petitioners for acquisition of their land.

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

(B) Pending admission and final hearing of the petition this Hon'ble Court may kindly be pleased to direct the respondents calculate and complete the procedure to make the payment of rent and produced the said details on the record of the present petition along with the details of the rent paid to the other similarly situated persons."

5. That the case put forward by the petitioner is as

under.

6. In the year 2012, the respondent no.5 took

possession of the land as owned by the petitioner

for constructing the road. A notification under

Section 4 of the Land Acquisition Act acme to be

issued by the authority on 25.07.2013. However,

the respondents did not issue notification under

Section 6 nor declared any award with regard to

compensation for the acquisition.

7. It is the case of the petitioner that since no

action was taken by the respondent authorities,

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

land owners of the village from which the

petitioner belongs which was acquired and

possession whereof was taken along with the

land of the petitioner for laying down the road in

the same project, two writ petitions were filed

before this Court being Special Civil Application

Nos.17153 and 17155 of 2019. While disposing

of those two petitions, several directions were

issued. The Collector, Valsad, was directed to

complete the proceedings under Section 6 as

expeditiously as possible and other directions

were issued and accordingly award was declared

on 17.02.2022.

8. As per the direction of the Division Bench of this

Court, those petitioners were paid rent at the

rate of Rs.10 per square meters per annum from

22.12.2022 i.e. till the final compensation was

released in favour of those petitioners.

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

9. It is the case of the petitioner that though such

directions have been issued with regard to the

land owners of whose lands' possession was

taken and rents have been ordered to be

granted, the petitioner be treated at par with

those persons and respondents be directed to

pay rent accordingly and the petition may be

accordingly allowed.

10. Mr.Rutvij Bhatt learned advocate appearing for

respondent no.5 has opposed this petition and

submitted that substantial amount has been paid

to the petitioner and therefore the petition may

be dismissed.

11.We have heard learned advocates for the

respective parties.

12.While considering the lands which were acquired

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

of which possession was taken way back in the

year 2012, other land owners had preferred two

writ petitions being Special Civil Application

Nos.17153 and 17155 of 2019 in which,

following directions have been issued in para 3

of the judgement.

"[3] With the aforesaid modification, the present petitions stand disposed of as follows:-

(i) The respondents-authorities shall complete the acquisition proceedings of the lands in question under the Act of 2013 as expeditiously as possible.

(ii) The State authorities shall pay rent to the petitioners at the rate of Rs. 10/- per sq.mtrs per annum from 28.12.2012 i.e. the date, on which, the possession of the lands was taken over till sizeable compensation is released in favour of the petitioners. Such compensation shall be distributed in proportion to the lands of each petitioner being taken over by the Government for the said project.

(iii) The Collector, Valsad, shall take appropriate steps to ensure that in the revenue records, pertaining to the agriculture lands of the petitioners,

C/SCA/597/2023 JUDGMENT DATED: 07/03/2023

the reflection of the Government's interest would be confined to that portion of the land of the owner which is under acquisition. In other words, if the revenue entries reflect the name of the Government in the entire survey number of agriculture lands, the same shall be corrected."

13.Pursuant to the directions issued by this Court

dated 20.01.2020, the authorities had completed

the acquisition proceedings declaring the award,

however, the petitioner have not been paid rent

as per the directions issued by this Court in para

3(ii).

14.We are of the considered opinion that since the

land in question is under the project of laying

down the road and the possession was taken on

the same date i.e. on 28.12.2012, the petitioner

would be entitled for the rent as granted by

earlier bench as observed in the above quoted