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FA/521/2010 5/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 521 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE K.M.THAKER
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to civil judge ?
=========================================================
ADDL.
SPECIAL LAQ OFFICER & 1 - Appellant(s)
Versus
VIDHYABEN
PARSOTAMBHAI BAROT DAUGHTER OF DECD.MENABEN & 3 - Defendant(s)
=========================================================
Appearance
:
MS
JIRGA JHAVERI GOVERNMENT PLEADER
for
Appellant(s) : 1 - 2.
MR YATIN SONI for Defendant(s) : 1,
MR
HITESH B PATEL for Defendant(s) : 1,
None for Defendant(s) : 1.2.1
- 2, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5,2.2.6 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/03/2010
ORAL JUDGMENT
1. Heard
Ms. Jhaveri, learned AGP, for the appellants and Mr. Yatin Soni,
learned advocate, for the respondent No.1. With the consent of the
learned advocates appearing on behalf of the respective parties, the
Appeal is taken up for hearing and final decision today.
2. In
present Appeal, the appellants have challenged common judgment and
award dated 31.12.2003 passed by the 2nd Joint Civil Judge
(S.D.), Ahmedabad (Rural) in Land Reference Case Nos.39 of 2002 to 45
of 2002 whereby, the learned Reference Court has granted additional
compensation of Rs.33/- per sq. mt.
3. The
Appeal proceeding arises from notification under Section 4 published
on 4.9.1996 which was followed by notification under Section 6
published on 4.5.1998. Subsequently, after following the procedure,
the Land Acquisition Officer made award on 24.8.1999 and awarded
Rs.12/- per sq. mt. The claimants were aggrieved by the said award
hence, reference under Section 18 were demanded. The reference orders
culminated into Land Reference Case Nos.39 of 2002 to 45 of 2002.
After hearing the parties, the learned Reference Court passed the
impugned common judgment and award dated 31.12.2003.
4. From
the same common judgment and award impugned in the present Appeal,
another group of Appeals was also filed which comprise F.A.Nos.4146
of 2006 to 4151 of 2006.
5. It
deserves to be noted that the said other group of First Appeals was
taken up for hearing and came to be disposed of by judgment dated
22.1.2008. So far as present Appeal is concerned, learned advocates
for the contesting parties are ad-idem on
the point that the judgment dated 22.1.2008 in the aforesaid group of
First Appeals would cover and apply to the present Appeal proceedings
as well, inasmuch as the said appeals arose from the same common
judgment and award dated 31.12.2003.
6. The
learned advocates for the contesting parties have, hence, jointly
submitted that the same judgment and order deserves to be applied and
followed in present case as well.
7. It
may be noted that by the said judgment and order dated 22.1.2008, the
Court has remanded the proceedings of the said Land Reference Case
Nos.39 of 2002 to 45 of 2002 to the Reference Court. The relevant
portion of the judgment reads thus:-
7.0 For
the foregoing reasons, the Appeals are partly allowed. The common
judgment and award dated 31.12.2003 rendered by the learned 2nd
Joint Civil Judge (S.D.),
Ahmedabad (Rural) in Land Acquisition Case Nos. 39/2002 to 45/2002 is
hereby set aside. The matters are remitted to the Reference Court
for deciding the same afresh. The parties would be at liberty to lead
fresh evidence in support of their respective cases. The Reference
Court is directed to decide the References in accordance with law and
in the light of the evidence which may be adduced by the parties.
Since these proceedings pertain to the acquisition of lands initiated
in the year 1996, the Reference Court is directed to dispose of the
References as expeditiously as possible and without any delay. The
Appeals are allowed to the extent indicated herein above. There
shall be no order as to costs. The registry is directed to transmit
the records of the case, if received, to the Reference Court
forthwith.
8. In
view of the joint submissions and requests and in view of the fact
that the present Appeal arises from the same common judgment which
was the subject matter of the judgment and order dated 22.1.2008 in
the said group of Appeal Nos.4146 of 2006 to 4151 of 2006, present
Appeal is also partly allowed in terms of the judgment and order
dated 22.1.2008. The common judgment and award dated 31.12.2003
rendered in Land Reference Case No.43 of 2002 being part of the group
of Land Reference Case Nos.39 of 2002 to 45 of 2002, is hereby set
aside and the proceedings are remitted to the Reference Court for
deciding the said case afresh. The parties will be
at liberty to lead fresh evidence. The Reference Court is directed to
decide the reference in accordance with law and in light of the
evidence, which may be adduced by the parties.
9. Considering
the time already spent in the proceedings, the Reference Court is
directed to decide the reference case as expeditiously as possible.
The
Appeal is allowed to the aforesaid extent. No order as to costs.
[K.M.Thaker,
J.]
kdc
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