Deputy Collector , Special Land ... vs Hemubhai Nathubhai
2025 Latest Caselaw 5911 Guj

Gujarat High Court

Deputy Collector , Special Land ... vs Hemubhai Nathubhai on 21 April, 2025

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                              C/FA/1244/2025                              ORDER DATED: 21/04/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 1244 of 2025
                                             With
                       CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                         NO. 1 of 2022
                                              In
                                R/FIRST APPEAL NO. 1244 of 2025
                                             With
                          CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
                                              In
                                R/FIRST APPEAL NO. 1244 of 2025
                      ======================================
                       DEPUTY COLLECTOR , SPECIAL LAND ACQUISITION AND
                          REHABILITATION (IRRIGATION) OFFICER & ORS.
                                             Versus
                                  HEMUBHAI NATHUBHAI & ORS.
                      ======================================
                      Appearance:
                      MR. M.D. RAHEVAR, AGP for the Appellant Nos. 1,2,3
                      DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for
                      the Defendant No. 1
                      MR NITIN M AMIN(126) for the Defendant Nos. 1.1,1.2,1.3,1.4,1.5,1.6,1.7
                      MR SANJAY M AMIN(130) for the Defendant Nos. 1.1,1.2,1.3,1.4,1.5,1.6,1.7
                      ======================================
                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 21/04/2025

                                                        ORAL ORDER

Order in Civil Application no.1 of 2022

1. The present application is filed seeking condonation of delay of 145 days caused in preferring the captioned appeal at the instance of the State against the judgment and award passed by the Reference Court under Section 18 of the Land Acquisition Act.

2. Mr. Nitin Amin, learned advocate had entered his appearance on behalf of the respondents - heirs and legal

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representatives of the deceased claimants and has expressed no objection against the grant of present application.

3. Considering the aforesaid averments made in the application and in absence of any resistance of the opponents, present application deserves consideration. Hence, the present application stands allowed. The delay of 145 days caused in preferring the captioned appeal is hereby condoned. Rule made absolute.

Order in First Appeal :-

1. With the consent of the learned advocates for the respective parties, the First Appeal was taken-up for final hearing at the admission stage.

2. At the out-set, Mr. Amin, learned advocate appearing for the respondents has placed on record copy of the oral order dated 27th June, 2023 passed by co-ordinate Bench in First Appeal no.2065 of 2023 and allied matters. The aforesaid appeals were directed against the very same common judgment and award dated 30 th November, 2021 passed by the learned Principal Senior Civil Judge, Surendranagar in Land Reference Case nos.2 to 11 of 2008, 13 of 2008, 14 of 2008, 17 of 2008, 19 to 23 of 2008 and 25 to 28 of 2008.

Learned advocate while referring to the aforesaid judgment has further pointed-out that the present appeal preferred at the instance of the State is against the said common judgment and award, which includes the land reference case no.2 of

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2008 and therefore, the present appeal would be governed by the aforesaid oral order dated 27 th June, 2023 passed by the Co-ordinate Bench in the aforesaid group of appeals, whereby this Court has not entertained the aforesaid appeals upholding the very common judgment and award impugned in the present appeal.

3. Mr. Rahevar, learned AGP for the appellants State authorities has fairly conceded to the above fact. Mr. Rahevar, learned AGP had further invited my attention to the fact that in fact, the State had unsuccessfully challenged the aforesaid oral order dated 27th June, 2023 passed by this Court in the cognate appeals, before the Hon'ble Supreme Court, which was registered as SLP (C) Diary no.43609 of 2024. He had further pointed-out that the aforesaid appeal came to be dismissed by the Hon'ble Supreme Court by its order dated 25th October, 2024. Thus, the common impugned judgment and award under challenge of the Reference Court has attained finality.

4. I have heard learned advocates for the respective parties and also perused the impugned judgment and award in light of the order dated 27th June, 2023 passed by the Co-ordinate bench in cognate appeals being First Appeal no.2065 of 2023 and allied matters. Admittedly, on appreciation of the arguments canvassed by the learned AGP, which was confined to the interest awarded by the Reference Court, the Co- ordinate Bench has refused to entertain the appeals by accepting the submissions of Mr. Amin, learned advocate, who

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had appeared for the original claimants in the aforesaid group of appeals by relying upon the order passed in First Appeal no.2700 of 2018. Therefore, appropriate would be to reproduce the relevant observations of the Co-ordinate Bench in this regard.

"7. Learned Assistant Government Pleader Mr. Kurven Desai has confined his arguments to the interest awarded by the Reference Court and submitted that the Reference Court ought to have considered that in the present case, the possession of the acquired land has been taken by private agreement before the declaration of notice of section 4. It was submitted that the Court ordered rent to be paid at 15% for the period from the date of possession on 10.09.1996 to 15.06.2001 but as per the Government Resolution dated 18.06.1986 when possession of the land is acquired by private agreement before the commencement of acquisition proceedings, payment of compensation at the rate of 9% of the original compensation amount for the period from the date of possession to the date of payment of compensation i.e. the date of announcement of award under section 11 of the Act, the rent remains to be paid. It was submitted that the the Reference Court ordered to pay rent at the rate of 15% instead of the rent to be paid at the rate of 9% of the original compensation and thus interest has to be calculated from the date of announcement of the award and therefore, the order dated 30.11.2021 is erroneous and should be quashed and set aside.

8. On the other hand, learned advocate Mr. Nitin Amin for the original claimants submitted that the said issue has been decided by the cognate Bench in First Appeal No. 2700 of 2018 and allied matters challenging the judgment and award dated 9.01.2018 in Land Reference Case

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No. 16 of 2003 and allied matters passed by the Principal Senior Civil Judge, Surendranagar pertaining to the same village Dharmendragadh, Taluka Muli, District Surendranagar. It was therefore, submitted that considering the decision of the Cognate Bench, wherein the issue raised by the State Government has already been dealt with, these batch of appeals may be dismissed.

9. Having heard the learned advocates for the respective parties, it appears that the Cognate Bench in First Appeal No.2700 of 2018 and allied matters which pertains to same village as that of the present batch of appeals has decided the issue about rate of interest by observing as under:

"27. Admittedly, the possession of the acquired lands was taken over on 10th August 1996, i.e. prior to Section 4 notification was published on 24th August 1999. The claimants/appellants are thus entitled to receive rental/damages at the rate of 15% from 10th August 1996, i.e. the date of possession, to 24th August 1999, i.e. the date of Section 4 notification, in view of the judgment of this Court passed in the First Appeal Nos.1213 of 2016 to 1241 of 2016. The appellants/claimants thereafter shall be entitled to 9% interest for the first year from the date of Section 4 notification published under the Act and then at the rate of 15% per year till the amount is deposited with the reference court."

10. In view of about findings arrived at by the cognate Bench, this batch of appeals along with civil applications stand dismissed."

5. In light of the aforesaid order passed by the Co-ordinate Bench upholding the order of the Reference Court, which is

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impugned in the present appeal as well, and the said decision having attained finality in light of the order dated 25 th October, 2024 passed by the Hon'ble Supreme Court in SLP (C) Diary no.43609 of 2024, in absence of any other arguments being canvassed, no case is made-out for interference of this Court in the present appeal. Hence, the appeal fails and is hereby dismissed. However, there shall no order as to costs.

6. In view of the dismissal of the first appeal, connected civil application seeking stay against the impugned judgment and award passed by the Reference Court, does not require any consideration and is accordingly disposed of.

(NISHA M. THAKORE, J.) AMAR RATHOD...