Gujarat High Court
Parbhubhai Ganeshbhai Patel ... vs Special Land Acquisition Officer on 4 March, 2024
NEUTRAL CITATION
C/FA/686/2024 ORDER DATED: 04/03/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 686 of 2024
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PARBHUBHAI GANESHBHAI PATEL EXPIRED(THROUGH HER LEGAL
HEIRS) & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
DECEASED LITIGANT for the Appellant(s) No. 1
MR.PINANK J RAIYANI(10166) for the Appellant(s) No.
1.1,1.2,1.3,1.4,1.5,1.6
MR ADITYA DAVDA, AGP for the Defendant(s) No. 1
MR RUTVIJ S OZA(5594) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 04/03/2024
ORAL ORDER
1. Heard learned Advocate Mr.Pinank Raiyani for appellants and
learned AGP Mr. Aditya Davda for the respondent-State in the
matters. Learned Advocate Mr.Rutvij Oza appears and submits that
he has filed his vakalatnama for respondent No.2 in some of the
matters and he would file vakalatnama for respondent No.2 during
the course of the day, as he has instruction to appear for respondent
No.2. Permission is granted. Mr.Oza is permitted to file his
vakalatnama for respondent No.2.
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C/FA/686/2024 ORDER DATED: 04/03/2024
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2. Admit. Learned AGP waives service of notice of admission on
behalf of the respondent-State and learned Advocate Mr.Oza waives
service of notice of admission for respondent No.2.
3. By way of this appeal, the appellants challenge the judgment and
decree passed by the learned 2nd Additional Senior Civil Judge,
Dhangadhra, District Surendranagar dated 22.5.2017 in Land
Acquisition Reference Case No.111 of 2002, whereby the learned
Civil Court had disposed of the Reference Cases 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 13.4.2023 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.
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C/FA/686/2024 ORDER DATED: 04/03/2024
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6. It appears that the learned Reference Court, for rejecting the Land
Acquisition Reference Case, had come to a conclusion that the
appellant - claimants could not prove that the award passed by the
Collector was inadequate or disproportionate, since the appellants
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.Raiyani, 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 2022 and
allied matters, dated 29.06.2022 ( which appears to be passed in
relation to lands situated in the same village ).
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 claimants or the acquisition authorities,
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C/FA/686/2024 ORDER DATED: 04/03/2024
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could decide whether the land owners were 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 claimants 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 decree 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 Cases 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 to lands in the near
vicinity.
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C/FA/686/2024 ORDER DATED: 04/03/2024
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9. In this view of the matter, the judgment and decree passed by the
learned 2nd Additional Senior Civil Judge, Dhangadhra, District
Surendranagar dated 22.5.2017 in Land Acquisition Reference Case
Nos.111 of 2002, is hereby quashed and set aside. Furthermore,
since it is clear that the appellants themselves 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 appellants 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 22.5.2017 to 04.03.2024.
10. In view of the above order, the learned Reference Court shall
hear and decide the Land Acquisition Reference Case Nos.111 of
2002 and whereas the appellants herein - original claimants shall
lead evidence documentary as well as oral and shall further co-
operate with the learned Reference Court for expeditious hearing of
the Reference Cases, more particularly as per oral undertaking of
learned Advocate Mr.Pinank Raiyani for the appellants. It is also
directed that the learned Reference Court shall decide the Reference
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Cases on merits within a period of six months from the date of
receipt of the present order.
11. With the above observations and directions, the present appeal
stands disposed of as partly allowed.
(D. M. DESAI,J)
VATSAL
