Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Guj) 590

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.V.ANJARIA J.
KESHUBHAI JIVABHAI – APPELLANT
Versus
(STATE OF GUJARAT) DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICER – RESPONDENT
FIRST APPEAL NO. 2132 of 2021, 2140 of 2021, 2141 of 2021, 2142 of 2021, 2143 of 2021, 2144 of 2021, 2145 of 2021, 2146 of 2021, 2147 of 2021, 2148 of 2021, 2149 of 2021
Decided on : 10-08-2021

Advocates Appeared:
For the Appellant : MR NITIN M AMIN, MR SANJAY M AMIN
For the Respondent: MR MANRAJ BAROT

Point of law : Extension of reasonable opportunity to lead evidence was to be must to the aggrieved claimants-agriculturists when they were seeking hike in the compensation on various grounds.

Headnote:
Land Acquisition – Compensation – Additional compensation - Land owned and possessed by appellant-claimant which was a piyat land, came to be acquired under provisions of Land Acquisition Act for public purpose of Dhatarwadi-1 Irrigation Project - Notification under Section 4 of Act was issued on whereas Section 6 Notification was issued to culminate into award of Land Acquisition Officer under Section 11 of the Act - Claimant thereafter preferred Reference under Section 18 of Act before the District Court as he was not satisfied with compensation awarded by Land Acquisition Officer - Whether applicant is entitled to additional compensation.
Finding of the court :
Learned advocate for appellants could successfully rely on decision of this Court in other case Collector and Land Acquisition and Rehabilitation Irrigation Officer being First Appeal wherein also the References were rejected on similar grounds - Learned Assistant Government Pleader could not dispute about existence of above order - In order that the court of learned Principal Senior Civil Judge is enabled to reconsider Reference to decide afresh after giving opportunity to lead evidence to parties including the appellants, judgment and award in each of the First Appeal is set aside.
Result : First Appeals are allowed and disposed of.

ORDER :

Since all the captioned appeals are cognate involving similar facts and same controversy in the issue, they were heard together and could be treated for disposal by this common order.

1.1 Heard learned advocate Mr.Nitin Amin for the appellant in all the appeals and learned Assistant Government Pleader Mr.Manraj Barot for the respondent – State and its authorities.

2. Respective appeals are filed by the appellant-claimant concerned to challenge the judgment and award of learned Principal Senior Civil Judge, Rajula, whereby Reference of the claimants came to be rejected. For instance, the first captioned First Appeal No.2132 of 2021 is directed against judgment and award dated 21st June, 2018 passed by the court of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.336 of 2017 rejecting the said land reference case. The relevant details of all the other appeals are given in the tabular form below.

Sr. No.	First Appeal No.	Details of the impugned judgment and award
1	2132 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.336 of 2017.
2	2140 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.325 of 2017.
3	2141 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.329 of 2017.
4	2142 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.330 of 2017.
5	2143 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.331 of 2017
6	2144 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.333 of 2017.
7	2145 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.334 of 2017.
8	2146 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.335 of 2017.
9	2147 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.337 of 2017.
10	2148 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.338 of 2017.
11	2149 of 2021	Judgment and order dated 21st June, 2018 of learned Principal Senior Civil Judge, Rajula in Land Reference Case No.339 of 2017.

3. The basic facts as taken from the first captioned First Appeal, are that the land bearing Survey No.113 Paiki admeasuring 6610 Sq. Mtrs. At Village Bhakshi, Rajula Taluka of Amreli District owned and possessed by the appellant-claimant which was a piyat land, came to be acquired under the provisions of the Land Acquisition Act for the public purpose of Dhatarwadi-1 Irrigation Project. Notification under Section 4 of the Act was issued on 01st June, 2002 whereas Section 6 Notification was issued to culminate into the award of the Land Acquisition Officer dated 29th January, 2005 under Section 11 of the Act. 3.1 The claimant thereafter preferred Reference under Section 18 of the Act before the District Court as he was not satisfied with the compensation awarded by the Land Acquisition Officer which was Rs.30/- per Sq. Mtrs.

3.2 The Reference Court proceeded to consider the Reference. Written statement appears to have been filed at Exh.7. It appears that advocate of the claimant filed application Exh.10 to consolidate all the Reference cases. Thereafter issues were framed which were thus, (i) Whether the applicant proves th

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