Heirs of a deceased claimant in land acquisition cases are entitled to enhanced compensation as per established rates, with necessary amendments allowed for their prosecution of appeals.

ORDER :

SANGEETA K. VISHEN, J.

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 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notice, in the proceedings before this Court, that order dated 19.06.2019 was passed wherein the application came to be withdrawn with a liberty to approach the Court below.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 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 Application