Godavariben Lavjibhai Bhalodiya vs Deputy Collector (Land Acquisition) Prant Officer

Aniruddha P. Mayee, J

Admit. Learned AGP waives service of admission for the respondent State.

Mr. Tejas Satta, learned advocate for the appellants, submits that the present First Appeals may be disposed of as they are arising out of a common judgment and order dated 28. 3.2018 passed by the learned 2nd Additional Senior Civil Judge, Jamnagar, judgment and order dated 2.4.2018 passed by the learned 7th Additional Senior Civil Judge, Jamnagar as well as common judgment and order dated 28.3.2018 passed by the learned 2nd Additional Senior Civil Judge, Jamnagar whereby the reference cases were ordered to be disposed of as rejected without any interference to the awarded amount of compensation to the claimants in the respective cases.

2.1 It is also submitted by Mr. Satta, learned advocate for the appellants, that the right of the appellants to adduce evidence in support of their case was closed by the learned reference Court and the matters were then posted for opponents evidence. Even the opponents did not produce any evidence in support of their case. He further submits that despite framing of issues, the reference Court has not assessed the amount of compensation independently in each case, but has only referred to the provisions of the Land Acquisition Act.

Per contra, learned AGP opposed the present appeals. It is contended that the claimants were given sufficient opportunity by the learned reference Court to adduce the evidence in support of their case, however, it was not produced and therefore, the learned reference Court has rightly come to the conclusion that the compensation as awarded by the Collector was just and proper and the appeals should be dismissed.

Heard learned counsel for the parties and perused the record.

A perusal of impugned judgment and award shows that the learned reference Court has simply disposed of the land reference cases in absence of any evidence by either of the parties and the only reason for disposing of the reference cases is that both the parties have failed to prove their submissions by leading evidence and therefore, no interference is called for in the awarded amount.

In view of above, this Court is of the opinion that in the land reference cases, it is the duty of the learned reference Court to go into the issue of awarding compensation and to assess the same for its adequacy in the background that the claimants have lost possession of their land. In the present case, no such exercise has been undertaken by the learned reference Court. In the premise, the impugned judgment and orders are hereby set aside and the matters are remanded back to the learned reference Court for determining the entitlement of the land owners to just, reasonable and adequate compensation, which can be determined only after examining the evidence adduced by the parties. In the interest of justice, the present appellants deserve an opportunity to produce additional evidence in respect of their entitlement to adequate compensation.

6.1 Accordingly, all the First Appeals are hereby allowed. The impugned judgment and orders are hereby quashed and set aside and the matters are remanded to the learned reference Court for fresh consideration in accordance with law with a liberty in favour of the parties to adduce oral as well as documentary evidence in support of their case.

6.2 The parties are directed to adduce their additional evidence within 6 weeks from the date of first appearance before the learned reference Court. The reference Court is also directed to decide the reference cases as expeditiously as possible and not later than 31.12.2022.

6.3 It is also seen from the record that the learned reference Court had granted number of opportunities to the appellants with respect to production of evidence, however, they remained negligent. Therefore, this Court is of the opinion that if any enhancement is made by the learned reference Court in the remand proceedings, the appellants shall not be entitled to any interest from the date of impugned judgment till today, i.e. from 28.3.2018 to 29.6.2022.

6.4 The parties are directed to cooperate with the learned reference Court in early disposal of the reference cases.

Present First Appeals are allowed for the aforesaid reasons and accordingly stand disposed of. There shall be no order as to costs.