Nathabhai Hansraj Bhanderi vs Deputy Collector And Special Land ...
2023 Latest Caselaw 2587 Guj

       C/FA/1033/2023                               ORDER DATED: 28/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1033 of 2023

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              NATHABHAI HANSRAJ BHANDERI
                         Versus
DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
               REHABILITATION (IRRIGATION)
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
for the Defendant(s) No. 2
MR AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER for the
Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 28/03/2023

                                 ORAL ORDER

1. Heard learned Advocate Mr. Tejas P. Satta for the appellant and

learned AGP Mr. Akash Chhaya for the respondent-State.

2. Admit. Learned AGP waives service of notice of admission on

behalf of the respondent-State.

3. By way of this appeal, the appellant challenges the judgment and

award passed by the learned 13th Additional Senior Civil Judge,

Jamnagar, dated 17.03.2018 in Land Acquisition Reference Case No. 139

of 2007, whereby the learned Civil Court had disposed of the Reference

C/FA/1033/2023 ORDER DATED: 28/03/2023

Case as rejected without any interference as regards the amount awarded

to the claimant.

4. It appears that a learned Co-ordinate Bench of this Court vide an

order dated 15.11.2022 while issuing notice, had noted the peculiar facts

of the case and kept the appeal for final disposal.

5. Today, with consent of the parties the appeal is taken up for final

disposal.

6. It appears that the learned Reference Court, for rejecting the Land

Acquisition Reference Case, had come to a conclusion that the appellant-

claimant could not prove that the award passed by the Collector was

inadequate or disproportionate since the appellant had not led any

evidence to prove that the amount of compensation awarded by the

Collector was inadequate or disproportionate. This Court in this regard

has considered the decisions of learned Co-ordinate Benches of this Court

relied upon by learned Advocate Mr. Satta, more particularly decision of

learned Coordinate Bench (Coram : Mr. A.J. Desai,J) in First Appeal No.

4699 of 2019 dated 03.10.2019 and the decision of learned Co-ordinate

Bench (Coram : Mr. Aniruddha P. Mayee, J) in First Appeal No. 862 of

C/FA/1033/2023 ORDER DATED: 28/03/2023

2022 and allied matters, dated 29.06.2022.

7. Considering the aforesaid decisions of the learned Co-ordinate

Benches, it appears that the learned Co-ordinate Benches have taken a

view that the Competent Court, after the material which may be placed on

the record by the claimant or the acquisition authorities, could decide

whether the land owner was entitled to adequate compensation and

whereas the learned Co-ordinate Benches had also observed that while

the case would be required to be remanded back, but at the same time the

claimant would not be entitled to interest from the date of the impugned

judgment till the date of passing of the order by this Court.

8. Having regard to such view taken by the learned Co-ordinate

Benches, therefore the impugned judgment and award deserves to be

interfered with, more particularly since in the considered opinion of this

Court, the Competent Court i.e. the Reference Court ought not to have

rejected the Reference Case merely on the ground that the land owner did

not lead any evidence and whereas it was open for the Competent Court

to have taken an independent decision by relying upon the necessary

documents including the award in question as well as other comparable

sale instances of surrounding lands, earlier awards etc. passed with regard

C/FA/1033/2023 ORDER DATED: 28/03/2023

to lands in the near vicinity.

9. In this view of the matter, the judgment and award dated

17.03.2018 passed by the learned 13th Additional Senior Civil Judge,

Jamnagar, in Land Acquisition Reference Case No. 139 of 2007, is

hereby quashed and set aside. Furthermore, since it is clear that the

appellant himself did not lead any evidence before the learned Reference

Court, therefore it is directed that if the Reference Court makes any

enhancement in the award amount, then the appellant would not be

entitled to any interest for the period from the date of the impugned

decision of the Reference Court till today i.e. from 17.03.2018 to

28.03.2023.

10. In view of the above order, the learned Reference Court shall hear

and decide the Land Acquisition Reference Case No. 139 of 2007 and

whereas the appellant herein original claimant shall lead evidence

documentary as well as oral and shall further co-operate with the learned

Reference Court for expeditious hearing of the Reference Case. It is also

directed that the learned Reference Court shall decide the Reference Case

on merits within a period of six months from the date of receipt of the

present order.

C/FA/1033/2023 ORDER DATED: 28/03/2023

11. With the above observations and directions, the present appeal

stands disposed of as partly allowed.

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