Gujarat High Court
Devrajbhai Lakhmanbhai Through Lh vs Special Land Acquisition Officer on 20 January, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/FA/73/2025 ORDER DATED: 20/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 73 of 2025
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DEVRAJBHAI LAKHMANBHAI THROUGH LH & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR SANJAY M AMIN(130) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
MS. FORAM TRIVEDI, AGP for the respondent-State
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 20/01/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
With the consent of the learned Advocates appearing for
the respective parties, the matter is taken up for final
disposal.
2. ADMIT. Ms.Foram Trivedi, learned Assistant
Government Pleader waives service of notice of admission on
behalf of respondent-State.
3. The captioned appeal is filed challenging the judgment
dated 25.10.2017 passed in Land Reference Case No. 76 of
2003 and other allied matters including the Land Reference
Case No. 97 of 2003.
4. Mr.Nitin Amin, learned Advocate for Mr.Sanjay Amin,
learned Advocate appearing for the appellants submitted that
vide judgment dated 25.10.2017, in all, 24 land reference
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C/FA/73/2025 ORDER DATED: 20/01/2025
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cases were decided by the common judgment under challenge
and 24 appeals were filed; however, 22 appeals could be
decided by the common oral judgment dated 18.04.2022
passed by this Court whereas, in two appeals, decision could
not be taken owing to certain technical discrepancies.
5. It is further submitted that claimant- Devrajbhai
Lakhmanbhai had passed away on 12.01.2014 and when it
came to the notice, in the proceedings before this Court, that
order dated 19.06.2019 was passed wherein the application
came to be withdrawn with a liberty to approach the Court
below. Accordingly, necessary applications were filed and the
Reference Court has passed an order dated 09.07.2019
allowing the heirs to be brought on record and necessary
correction in the judgment. Steps were taken and thereafter,
the captioned appeal. Application seeking necessary
amendment thereafter was also urged, which has been
allowed by this Court vide order dated 15.10.2024 in Civil
Application (for amendment) No. 1 of 2024. The heirs of the
original claimant -Devrajbhai Lakhmanbhai have been brought
on record of the captioned proceedings as well.
6. It is submitted that it is not in dispute that the Land
Reference Case No.97 of 2003 was forming part and parcel of
the judgment dated 25.10.2017 passed in Land Reference
Cases namely Land Reference Case Nos. 76 of 2003 to 99 of
2003. This Court has been kind enough to allow the appeals,
inasmuch as, the Court below did not allow the enhanced
market value on the ground that the amount cannot be
enhanced beyond the claim of the claimants. It is therefore
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urged that similar order be passed.
7. Ms. Foram Trivedi, learned Assistant Government
Pleader has fairly submitted that the appeal is arising out of
the Land Reference Case No. 97 of 2003 and it would be
governed by the common oral judgment dated 18.04.2022
passed by the co-ordinate bench in R/ First Appeal No. 3099
of 2019 and other allied matters arising out of the Land
Reference Case Nos. 76 of 2003 and other allied matters
except Land Reference Case Nos. 79 of 2003 and 97 of 2003.
It is therefore urged that appropriate order be passed.
8. Heard the learned Advocates appearing for the
respective parties and perused the documents available on
record.
9. It is not in dispute that Land Reference Case No. 76 of
2003 to Land Reference Case No. 99 of 2003 were decided;
treating Land Reference Case No. 76 of 2003 as the lead
matter vide judgment dated 25.10.2017. Discernibly, the
claimant has passed away on 12.01.2014. No steps could be
taken before the Court below. It is only during the pendency
of the appeal that the said fact was noticed and thereafter,
application was filed and this Court, passed the order dated
19.06.2019 in R/ Civil Application No. 1024 of 2019 in F/
First Appeal No. 3231 of 2019 which reads thus:
"Learned Advocate Mr. Sanjay M. Amin for the Applicants
submit that the "Application may be disposed of as
withdrawn, in view of the fact that concerned claimant
(whose heirs have filed present Application) died during the
pendency of reference case and, therefore, appropriate
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C/FA/73/2025 ORDER DATED: 20/01/2025
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Application is required to be made before the learned
Reference Court. Since said Applicants intend to approach
the learned Reference Court with an Application for
appropriate relief and to get the award modified
accordingly, said Applicants do not press this application at
this stage and withdraws present Application.
Therefore, in view of the said submission / statement
by learned Advocate for Applicants, present Application is
disposed of as withdrawn.
Orders accordingly."
10. Necessary steps were taken thereafter by filing
applications and by order dated 09.07.2017, the learned
Principal Senior Civil Judge allowed the same and necessary
amendment was carried out in the judgment dated
25.10.2017. Thereafter, Civil Application No. 1 of 2024 was
filed with a request to permit the heirs of the original claimant
Devrajbhai Lakhmanbhai to prosecute the appeal. After
hearing, the order was passed and the heirs were allowed to
prosecute the First Appeal. At this stage, it is required to be
noted and not in dispute that the acquisition is the same and
the appeal would be governed by the very same judgment of
the co-ordinate bench dated 18.04.2022, of which, paragraphs
6 -8 reads thus:
"6. We have heard leaned advocates appearing for the
respective parties, perused the record & proceedings and have
gone through the reasons assigned by learned Reference
Court.
7. As per Exh.122, the acquiring body through Executive
Engineer itself has submitted a pursis which is presented by
learned AGP and they themselves have declared that if the
judgment passed in Land Reference Case No. 1417 of 1999 is
relied upon and the compensation is awarded, they have no
objection. The said pursis has been signed by the Executive
Engineer and has been presented by learned AGP. The said
pursis is also signed by the original complainant. Therefore,
the submission made by learned AGP cannot be accepted,
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particularly when there is no material to show that the villages
of both the cases are at distanced places.
8. The learned Reference Court in paragraph 15.5 has rightly
calculated the amount of compensation which the claimants
would be entitled to for irrigated and non-irrigated lands,
however has not granted in view of the demand made by the
applicants. This is required to be considered and therefore, the
submission made by learned advocate for the appellants is
required to be accepted in view of ratio laid down by the
Hon'ble Apex Court in Ashok Kumar(supra). Accordingly, we
accept these Appeals. The appellants shall be entitled to
additional compensation of Rs.151.30ps per sq.mtr. for
irrigated and additional compensation of Rs.113.56ps. per
sq.mtr. for non-irrigated land with appropriate interest and
solutium."
11. In view of the above and the fact that the captioned
appeal was left out, the appellant shall be entitled to
additional compensation of Rs.151.30 paise per sq. mtr. for
irrigated land and additional compensation of Rs.113.56 paise
per sq. mts. for non-irrigated land with appropriate interest
and solatium as per the above judgment dated 18.04.2022
passed by the co-ordinate bench.
12. Hence, the appeal succeeds and is accordingly allowed.
The record & proceedings, if any, be sent back to the concerned
trial court forthwith.
(SANGEETA K. VISHEN,J)
(NIRAL R. MEHTA,J)
SINDHU NAIR
