Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, Vaibhavi D. Nanavati
Special Land Acquisition Officer – Appellant
Versus
Vijayaben Gordhanbhai – Defendant
R/First Appeal No. 4841 of 2018
Decided On : 27-09-2021
Land Acquisition Act, 1894 - Section 54, 28, 4, 6, 11, 23(1)(a), 18, 12(2) – Code of Civil Procedure, 1908 - Section 151 - Evidence Act, 1872 - Section 116 - Puducherry Hindu Religious Institutions Act, 1972 - Section 26 - Application of res judicata – Estoppel of tenant and of license of person in possession – Saving of inherent powers of court - Whether filing of an Appeal against a common Judgment in one case, tantamounts to filing an appeal in all matters
Findings of the Court: application of res judicata, so very often, conjures up controversies, as is evident from fact that even in Court divergent opinions were expressed by two Judge Bench, leading to necessity of referring appeal to a Larger Bench - It was for this reason that we thought it appropriate to deal with dispute in detail - It seems to us that had decisions of three Judge Bench - Been brought to attention of our and Esteemed Brothers on earlier occasion when this appeal was heard by two Judge Bench, dichotomy in opinion would not have arisen - Outcome of appeal before the High Court would have also shared a similar fate - On foregoing analysis, especially previous enunciation of law by three Co- ordinate Benches, we are in agreement with opinion that appeal calls to be allowed - We are of opinion that having failed or neglected or concertedly avoided filing appeals against decrees and cause of Respondents/Tenants was permanently sealed and foreclosed since res judicata applied against them - We accordingly allow this Appeal but keeping varying verdicts in view decline from making any order as to costs
Result: Appeal dismissed
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. This first appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is at the instance of the State of Gujarat - original opponents and is directed against the judgment and award passed by the 3rd Additional Principal Senior Civil Judge, Rajkot in the Land Reference Case No.416 of 1998 dated 29.9.2017 below Ex.36. The Court below allowed the reference raised by the respondents (original claimants) and passed the following order which is reproduced thus :-
(1) The agricultural lands at Rajkot village of the applicants in the reference cases were acquired for construction of a bypass around the Rajkot City joining Rajkot – Jamnagar, Rajkot – Morbi and Rajkot- Gondal roads. The price of acquired land is determined at the rate of Rs.600-00 per square meter wherein the compensation amount which is already paid by the Land Acquisition Officer at the rate of Rs.20-00 per square meter is to be deducted therefrom. It is held that the remaining price at the rate of Rs.580-00 per square meter is to be paid for the land being acquired.
(2) In the present reference case, the compensation for standing crop is not granted.
(3) It is held that all the applicants are entitled to the additional solatium amount at the rate of 30% of the total additional amount sanctioned.
(4) The price rise at the rate of 12% on the additionally sanctioned total amount is granted for a period starting from publishing of the notification under Section-4 till the date of award. Thus, increase in the prices at the rate of 35% is granted for 35 months.
(5) It is held that, the applicants are entitled for receiving an interest at the simple interest rate of 9% for the first year starting from the date of taking possession of the land and thereafter at the simple interest rate of 15% until receiving of the amount which is the sum total of the additional sanctioned amount of compensation as per the calculation-sheet attached herewith, Solatium amount at the rate of 30% thereof and the amount of increase in the prices at the rate of 12% per anumn. It is ordered that the interest amount as per Section-28 of the Land Acquisition Act shall be paid to the applicants.
(6) It is ordered that all the expenses of the applicants’ land reference cases are to be borne by the respondent. The expenses incurred by the respondent shall be borne by him.
(7) The calculation-sheet annexed herewith be construed as a part of this order.
(8) A decree in accordance with the order be drawn.
(9) A copy of this order be included in every reference case.”
2. The facts giving rise to this first appeal may be summarized as under :-
2.1 The appeal pertains to acquisition of land at the Village : Rajkot, Taluka : Rajkot, Dist. Rajkot. The compensation is to be awarded under the Land Acquisition Act (hereinafter referred to as ‘the Act’ for short). The land came to be acquired for the purpose of construction of by-pass around the Rajkot city joining Rajkot, Jamnagar, Morbi and Rajkot – Gondal road.
2.2 The notification under Section 4 of the Act was published on 22.9.1992. The notification under Section 6 of the Act was published on 4.3.1993. The award under Section 11 was passed by the Land Acquisition Officer awarding compensation to the original claimants - respondents at the rate of Rs.20/- per sq.mtr., by an award dated 30.9.1995 in the Land Acquisition Case No.36 of 1991.
2.3 Being aggrieved and dissatisfied with the award passed by the Land Acquisition Officer the original claimants (respondents) filed the Land Reference Case No.416 of 1998 under Section 18 of the Act claiming compensation of Rs.700/- per sq.mtr. The Reference Court at the conclusion of the reference by judgment and award dated 29.9.2017 allowed the reference of the original claimants and observed that the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
