Gujarat High Court
Boghabhai Bhagwanbhai vs State Of Gujarat on 11 January, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/20669/2023 ORDER DATED: 11/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.20669 of 2023
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BOGHABHAI BHAGWANBHAI
Versus
STATE OF GUJARAT
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Appearance :
MR GM AMIN for the Petitioner.
MS VIRAL N MODI for the Petitioner.
for the Respondent Nos.2,3
MR NIKUNJ KANARA, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent No.1.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 11/01/2024
ORAL ORDER
1. Rule. Learned Assistant Government Pleader waives
service of rule on behalf of respondents. With the consent of
parties, the matter is taken up for final disposal today itself.
2. By way of the present petition, the petitioner has
prayed to direct the Reference Court i.e. learned Principal Senior
Civil Judge, Rajula to disburse the compensation amount deposited
by the respondents in LAR Case No.568 of 2017.
3. Mr. G. M. Amin, learned advocate appearing for the
petitioner submitted that petitioner's land bearing Survey No.368
paiki admeasuring 992 Sq. Mts. was acquired for the purpose of
Datarwadi Canal Project by LAQ Case No.49 of 2004. The Land
Acquisition Officer declared award after following the procedure
laid down under the Land Acquisition Act at the rate of Rs.13 per
Sq. Mtr. on 30.12.2006.
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C/SCA/20669/2023 ORDER DATED: 11/01/2024
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3.1 Mr. Amin further submitted that as the amount of
compensation awarded by the Land Acquisition Officer was very
meager and inadequate, Land Reference Case No.568 of 2017 with
606 to 610 of 2017 were preferred before the learned Principal
Senior Civil Judge, Rajula (hereinafter referred to as 'the Reference
Court') which were decided by judgment and order dated 16.2.2019
whereby the compensation was determined @ Rs.720 per Sq. Mtr.
and awarded solatium at 30%, 12% increase and interest @ 9% for
the first year and 15% for the remaining years from the date of
taking over possession of the land.
3.2 He further submitted that though the aforesaid
references were decided on 16.2.2019 and till date no appeal is
preferred by the State Authorities against the said decision, since
no compensation is paid to the claimants, the petitioner has
preferred the present petition seeking disbursement.
3.3 Mr. Amin, upon instructions, submitted that till date,
the judgment and award of the Reference Court dated 16.2.2019
has not been challenged to the State Government and, therefore, it
has attained finality. Though the Government may take a stand
that they are contemplating to challenge the said decision, in the
past also, the coordinate Bench of this Court has directed the
concerned Reference Court to disburse atleast 50% of the decreetal
amount even in cases where appeals are not preferred and
Government was in process of filing appeal. He, therefore,
submitted that necessary direction may be issued to the Reference
Court to disburse 50% of the decreetal amount to the petitioners.
He has also placed on record a copy of the application dated
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C/SCA/20669/2023 ORDER DATED: 11/01/2024
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5.12.2023 already preferred by the petitioners for disbursement
before the Reference Court.
3.4 In support of his submissions, Mr. Amin relied upon the
decision of the coordinate Bench of this Court dated 18.8.2021
rendered in the case of Unadbhai Nakrabhai v. State of
Gujarat, Special Civil Application No.10448 of 2021 whereby
the coordinate Bench of this Court directed the Reference Court to
disburse 50% of the entire deposited amount in favour of the
claimants and to invest remaining 50% amount in a long term
cumulative Fixed Deposit with a Nationalized Bank. He, therefore,
prayed to issue similar directions.
4. Mr. Nikunj Kanara, learned Assistant Government
Pleader appearing for the respondent - State authorities has
vehemently opposed the petition and submitted that it is true that
till date, no appeal is filed before this Court challenging the
judgment and order passed by the Reference Court, yet the State
Government is in the process to challenge the said judgment by
filing appeal. He, therefore, submitted that till the First Appeal is
filed by the State Authorities, this Court may not pass any order of
disbursement as the petitioners can make such request before the
Court taking up First Appeal as and when the same is filed. He,
therefore, submitted that the petition is misconceived and the same
may be dismissed.
5. I have heard learned advocates appearing for the
respective parties and perused the record. On perusal of the
record, I find that judgment and order dated 16.2.2019 of the
learned Reference Court by which compensation was enhanced has
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C/SCA/20669/2023 ORDER DATED: 11/01/2024
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not been challenged by the State Government by preferring appeal
before this Court after almost five years are over. Hence, the
petitioner's grievance that till date no amount of compensation is
disbursed is justified. The State Government may prefer appeal
belatedly, it does not mean that the petitioners can be continuously
deprived of their legitimate right of compensation which has been
awarded by the competent Court.
6. Considering the fact that in past also, the coordinate
Bench of this Court in the case of Unadbhai Nakrabhai v. State of
Gujarat, Special Civil Application No.10448 of 2021 (Supra) had
entertained the petition and issued directions, this Court deems it
appropriate to pass order on similar line.
7. Hence, the present petition stands disposed of as partly
allowed. In view of the fact that the application of the petitioners
for disbursement before the learned Reference Court is already
pending, the learned Principal Senior Civil Judge, Rajula is hereby
directed to disburse 50% of the entire deposited amount in favour
of the claimants by way of A/c. Payee cheque and/or RTGS / NEFT,
after proper verification within a period of one month from today
and to invest remaining 50% amount in a long term cumulative
Fixed Deposit with a Nationalized Bank initially for a period of one
year. If within such period of one year, no appeal is preferred by
the State, it would be open for the petitioners to move another
application before the Reference Court for disbursement of the rest
of the 50% of the compensation amount. However, if any first
appeal is preferred by the State, disbursement of the further
compensation would be subject to further order that this Court may
pass in the first appeal proceedings.
NEUTRAL CITATION
C/SCA/20669/2023 ORDER DATED: 11/01/2024
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8. Needless to state that the disbursement will not have
any bearing on the First Appeal that the State may file as well as it
is made clear that if within a period of one year, no appeal is
preferred by the State, it would be open for the petitioners to move
another fresh application before the Reference Court for
disbursement of the rest of the 50% of the compensation amount.
Rule is made absolute to the above extent. It is made
clear that this Court has not examined the merits of the case.
Direct service is permitted.
(NIRZAR S. DESAI,J)
SAVARIYA
