Gujarat High Court
Pratapsinh Vajesang vs Additional Special Land Acquisition ... on 8 February, 2024
NEUTRAL CITATION
C/FA/37/2024 ORDER DATED: 08/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 37 of 2024
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PRATAPSINH VAJESANG
Versus
ADDITIONAL SPECIAL LAND ACQUISITION OFFICER AND DEPUTY
COLLECTOR
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Appearance:
MR RAJU K KOTHARI(2789) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR ADITYA DAVDA, AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 08/02/2024
ORAL ORDER
1. Admit. Learned AGP waives service of notice of admission on
behalf of the respondents.
2. With the consent of learned advocates appearing for respective
parties, present First Appeal is taken up for final hearing today.
3. By way of present First Appeal filed under Section 54 of the Land
Acquisition Act, 1889 read with Section 96 of the Code of Civil
Procedure, 1908, the appellant herein - original claimant has challenged
the judgment and award dated 25.09.2023 passed by the learned 2nd
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C/FA/37/2024 ORDER DATED: 08/02/2024
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Additional Senior Civil Judge, Dholka in Land Acquisition Reference
Case Nos.197/2015 to 214/2015 mainly on the ground that proper
opportunity of hearing was not given to the appellant - original claimant.
4. The short facts arising from the record as under :-
5. That the respondent authority issued Notification under Section 4
of the Land Acquisition Act, 1889 (hereinafter referred to as "Acquisition
Act") on 25.06.2009 for acquisition of lands situated at village Aranej,
Taluka Dholka, District Ahmedabad (hereinafter referred to as "lands in
question") for the purpose of Bagodara - Aranej - Tarapur - Vasad Four
Track Road and thereafter, the learned Deputy Collector, Ahmedabad
passed the award on 30.11.2010 under Section 11 of the Acquisition Act
and awarded compensation at the rate of Rs.12/- per Sq. Meter.
6. That, the appellant herein - original claimant being aggrieved and
dissatisfied with the amount of compensation, made reference under
Section 18 of the Acquisition Act before the competent Civil Court,
which was numbered as Land Acquisition Reference Case No.205 of
2015 along with other reference cases filed by similarly situated farmers.
That, the said land reference cases were listed for hearing on several
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C/FA/37/2024 ORDER DATED: 08/02/2024
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occasions. The Advocate for the original claimants also appeared,
however on the date of hearing the Advocate for the original claimant did
not remain present in the proceeding and therefore, by the impugned
order, the land reference cases have been dismissed by the learned 2nd
Additional Senior Civil Judge, Civil Court, Dholka after examining the
merits of the award, which was passed by the learned Deputy Collector.
7. Hence, the present First Appeal.
8. Learned advocate appearing for the original appellant - original
claimant would submit that initially the cases were listed before the
District Court and subsequently have been transferred to the Court of
learned 2nd Additional Senior Civil Judge, Dholka. He would submit that
the Advocate who had filed his appearance for the original claimant
before the Civil Court could not remain present on 25.09.2023. He,
therefore, would submit that if the opportunity to lead the evidence is
given to the original claimant, there are all chances that the learned
Reference Court may enhance the compensation awarded by the learned
Deputy Collector. He, therefore, would submit that the impugned
judgment and award be quashed and the Land Reference Case be
remanded to Reference Court for fresh consideration.
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9. On the other hand, learned Assistant Government Pleader would
submit that as per the observations made by the learned Reference Court,
notices was served and the original claimant had engaged the lawyer, who
could not remain present before the learned Reference Court and
therefore, the learned Reference Court delivered the judgment and award.
Learned Assistant Government Pleader would submit that if this Court is
inclined to accept the appeal and remand the matters to the learned
Reference Court for fresh consideration, appropriate observations be
made with regard to interest which the original claimants may be entitled
to under the Acquisition Act.
10. I have heard learned advocates appearing for the respective parties.
Perused the common judgment and award impugned in the present First
Appeal. It appears that initially, notice was issued to the original claimant
pursuant to which the concerned Advocate had filed appearance. It is
undisputed fact that the original claimant has not lead any evidence. It is
well settled principle that the lands in question belonging to the farmers
have been permanently acquired for the public purpose and therefore, the
farmers should be entitled to adequate compensation which can be
determined by the competent Court after examining material which may
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be placed on record by the Government Officers as well as by the
claimant. Either party may produce necessary documents including the
sale instances of surrounding lands, earlier awards, if any, passed with
regard to acquisition of lands which are in near vicinity. Hence, I am of
the opinion that the present First Appeal is required to be accepted.
11. However, it appears that since the appellant herein and their
Advocate have remained negligent for their rights of the compensation
and the learned Reference Court has decided the reference cases on
25.09.2023, I am of the opinion that if any enhancement is made by the
learned Reference Court in the remanded proceedings, the appellant
herein shall not be entitled to interest from 29.05.2023 till 08.02.2024.
12. In view of the above, present First Appeal is allowed. Impugned
common judgment and award dated 25.09.2023 passed in Land
Acquisition Reference Case No.205 of 2015 is hereby quashed and set
aside. Land Acquisition Reference Case No.205 of 2015 is hereby
remanded to the learned Reference Court for fresh consideration. The
appellant herein - original claimant shall lead the evidence, documentary
as well as oral, and shall cooperate the learned Reference Court in
expeditious hearing of the reference case. The learned Reference Court
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shall decide the reference case on remand on merits within a period of Six
Months from the date of receipt of the present order. The parties are also
directed to cooperate with the learned Reference Court in early disposal
of the Reference Cases.
(D. M. DESAI,J)
VATSAL
