Gujarat High Court
The Executive Engineer vs Laxmanbhai Becharbhai on 6 September, 2023
Bench: Umesh A. Trivedi
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5416 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MRS. JUSTICE M. K. THAKKER
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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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THE EXECUTIVE ENGINEER
Versus
LAXMANBHAI BECHARBHAI & 1 other(s)
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Appearance:
MR YN RAVANI(718) for the Appellant(s) No. 1
MR MD VAKIL(1062) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/09/2023
ORAL JUDGMENT
(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER)
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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1. This appeal arises from the judgment and award passed by
the learned Reference Court, Ahmedabad -learned 2 nd Additional
Senior Civil Judge, Ahmedabad (Rural) in Land Reference Case
Nos.1 of 2001, 4 of 2001, 5 of 2001, 6 of 2001, 8 of 2001,, 9 of
2001, 10 of 2001, 13 of 2001, 14 of 2001, 16 of 2001 and 19 of
2001 wherein, the learned Reference Court increased market
price of Rs.34/- per square meter in addition the amount
awarded by the Land Acquisition Officer i.e. Rs.7 per sq.mtr. and
also granted additional amount of solatium under Section 23(1A)
and 23(2) of Land Acquisition Act, 1894 and awarded interest at
the rate of 9% for the period 1.4.1967 to 31.3.1968 and 15%
from 1.4.1998 till the date of payment. Interest for a period prior
to the preliminary notification was awarded on the ground that
the possession had been taken on 1.4.1967 itself. In the group of
matter, the preliminary notification was issued on 16.1.1997 and
final notification was issued on 28.8.1997.
2. Feeling aggrieved and dissatisfied with the impugned
judgment and award passed by the learned Reference Court, the
Acquiring Body has preferred the present First Appeal, which is
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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the subject matter of challenge.
3. At the time when the order of admission was passed i.e. on
19.12.2007, a group of matter was admitted and the lead matter
was of First Appeal No.5394 of 2007. It is reported by the learned
advocate for the respective parties that group of matters was
disposed of by this Court vide an order dated 20.7.2017 by
passing following orders:
4. Today, when the present First Appeals are taken
up for final hearing, learned Advocate appearing for
respective parties have stated tat the Bar that arising
out of the very impugned judgment and asward passed
by the learned Reference Court, however in case of
other land reference cases, the very appellant
preferred First Appeals before this Court being First
Appeal No.5393/2007 and other allied First Appeals,
which as such were also filed / preferred along with the
present appeals. However, the Division Bench vide
common order dated 19.12.2007 dismissed the
aforesaid First Appeals on the ground of smallness of
the amount involved in the appeals. It is reported that
against the decision of the Division Bench of this Court
dated 19.12.2007 rendered in First Appeal
No.5393/2007 and other allied First Appeals, the
appellant approached the Hon'ble Supreme Court by
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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way of Special Leave to Appeal (Civil) No.6596-6604 of
2008 and by order dated 12.01.2009, the Hon'ble
Supreme Court had modified the very impugned
judgment and award passed by the learned Reference
Court insofar as allowing / granting the interest for the
period from 01.04.1967 to 16.01.1997. It is reported
that rest of the jdugment and award passed by the
learned Reference Court has been confirmed. Learned
Advocates appearing for respective parties have
produced on record the zeorx copy of the certified copy
of the order dated 12.01.2009 passed by the Hon'ble
Supreme Court in Special Leave to Appeal (Civil)
No.6596-6604 of 2008, which is directed to be taken on
record.
5. In view of the above, present First Appeals are
also required tob e partly allowed to the aforesaid
extent and the impugned common judgment and
award passed by the learned Reference Court is
required to be modified by quashing and setting aside
that part of the impugned judgment and award passed
by the learned Reference Court granting interest for
the period from 1.4.1967 to 16.1.1997 I.e awarding the
interest for the period prior to the notification under
Section 4 of the Land Acquisition Act. Learned
Advocates appearing for respective parties have
requested to pass appropriate order considering the
order dated 12.1.2009 passed by the Hon'ble Supreme
Court in Special Leave to Appeal (Civil) No.6596-6604
of 2008.
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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6. In view of the above and following the
subsequent decision dated 12.01.2009 of the Hon'ble
Supreme Court in the Special Civil to Appeal (Civil)
No.6596-6604 of 2008, all these First Appeals are
partly allowed. Impugned judgment and award passed
by the learned Reference Court in Land Reference Case
Nos.1/2001, 4/2001, 5/2001,6/2001, 8/2001, 9/2001,
10/2001, 13/2001, 14/2001, 16/2001 and 19/2001 is
hereby quashed and set aside to the extent it grants
interest for the period from 1.4.1967 to 16.1.1997. The
direction for the period from 1.4.1967 to 16.1.1997.
The direction for the payment of interest shall be read
as 9% per annum from 16.1.1997 for a period of one
year and thereafter 15% per annum. In all other
respects the decsion of the Reference Court remain
undisturbed. Present First Appeals are partly allowed to
the aforesaid extent. No costs.
4. It is undisputed position that these matters were admitted
along with First Appeal No.5394 of 2007 and allied matters.
Present appeal was, however, left out when the orders were
passed on 20.7.2017, therefore, as the impugned judgment has
already decided by this Court in a group of matters, the same
fate is required in the present matter also. Hence, following order
is required to be passed in the present appeal.
NEUTRAL CITATION
C/FA/5416/2007 JUDGMENT DATED: 06/09/2023
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5. The First Appeal No.5416 of 2007 is hereby partly allowed.
The impugned judgment and award passed by the learned
Reference Court in Land Acquisition Case No.1 of 2001 is hereby
quashed and set aside to the extent it grants for the period
1.4.1967 to 16.1.1997. The direction for the payment for the
interest shall be read as 9% per annum from 16.1.1997 for the
period of one year and thereafter 15% per annum. In all other
respects the decision of the Reference Court remains
undisturbed. Present First Appeals are partly allowed to the
aforesaid extent. No costs.
(UMESH A. TRIVEDI, J)
(M. K. THAKKER,J)
ASHISH M. GADHIYA
