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Judgment
A.J.Desai, J
This appeal has been preferred by Gujarat Industrial Development Corporation (hereinafter referred to as 'GIDC') under section 54 of the Land Acquisition Act read with Section 96, Order XLI (41), Rule 1 of the Code of Civil Procedure, 1908 being aggrieved by the judgment and order dated 29.04.2017 passed by the learned 8th Additional Senior Civil Judge, Surat whereby compensation has been enhanced in reference case from Rs.1400/ to Rs.2000/ Per Are. It is lamented by the appellant that this has been done by the Court without there being any evidence, oral as well as documentary.
Though private respondent No.1 has been served by publishing Notice in the newspaper and affidavit has been filed for publication of Notice about hearing of the present appeal, respondent No.1 has chosen not to appear before this Court.
This appeal arising from the acquisition of land for industrial project at Hajira road. The acquisition of land was contemplated and accordingly at Lichhapore, Taluka Choryasi, District Surat, the notification u/s.4 of the Land Acquisition Act had been issued on 22. 01.1987 and after hearing the objections raised by the other side, the award came to be passed by the Special Land Acquisition Officer on 23.03.1990, where compensation awarded was Rs.600 per Are (i.e. Rs.6 per sq. meter). Reference u/s. 18 of the Land Acquisition Act was preferred by the appellant where the Reference Court granted additional amount of compensation holding that the amount granted by Land Acquisition Officer is insufficient and inadequate. Thus, the addition of Rs.2000/ from Rs.600/ Per Are, enhancement of Rs.1400/ Per Are has aggrieved the GIDC.
Various grounds have been raised by the appellant in this Appeal, however one of the vital grounds raised is of the original claimant not having appeared before the Court at the time of final disposal, despite of due service of notice. Reference Court also had availed the liberty to the claimant to adduce the evidence, oral as well as documentary. Neither the same has been adduced before the Court nor has anyone entered the witness box.
The Reference Court also has been actuated by the fact that the Appellant did not adduce any evidence and that has further aggrieved the appellant that in absence of any evidence on the part of the respondent - claimant, there could not have been any reason for GIDC to lead the evidence. It is, therefore, urged that this stupendous rise in compensation is a misconceived act, contrary to the settled norms of law.
The question that arises for the determination, therefore, is as to whether an indulgence is necessary in the judgment and order of trial court enhancing the compensation from Rs.600/ to Rs.2000/ Per Are without any evidence, oral or documentary ?
This issue arising from the same judgment has been considered by coordinate bench of this Court vide order dated 20/08/2019 in First Appeal No.145 of 2019 and other allied matters. It has been brought to the notice of this Court that this Court in the First Appeal No.4890 of 2019, which had arisen from the same acquisition proceeding has been disposed of by this Court vide order dated 09.10.2019.
On due consideration of the oral submissions made by both the sides and also on careful examination of the material on record and the judgment and award which have been passed by the Court concerned, this Court notices that the enhancement of the compensation is without adducement of evidence on the part of the original claimant - respondent herein. The Court also notices that nonadducement on the part of the present appellant has also been made a ground by the Court which was unnecessary and unacceptable as there was no evidence virtually, oral as well as documentary on the part of the respondent - claimant.
8.1 Without entering into the merits of the matter, the Court deems it appropriate to remand the matter to the Reference Court by setting aside the impugned judgment and award to adjudicate the issue of enhanced compensation on the basis of evidence as may be adduced in the reference case.
Accordingly, this appeal is allowed, by quashing and setting aside the impugned judgment and award dated 29.04.2017 passed
by the learned 8th Addl. Senior Civil Judge at Surat in L.A.R No.89 of 1994.
9.1 The matter is remanded back to the Reference Court. Let the very reference be remitted with the very number and tried in accordance with law.
9.2 Both the parties shall remain present before the concerned Reference Court on 03.02.2020 at 11:00 a.m. for proceeding with the matter. The Court concerned shall grant the date suitable to the Court then onwards.
9.3 Registry shall ensure that R & P, if at all called, shall be sent back to the Reference Court on urgent basis.
9.4 Both the sides shall cooperate in proceeding with the matter on expeditious basis.
9.5 The Reference Court shall attempt as far as possible to complete the entire process including the adducement of evidence and the delivery of the judgment and award within 12 weeks.
Cost of this appeal shall be borne by the respective parties. This Appeal is disposed of accordingly.
Civil Application No.4 of 2018 In view of disposal of main present Civil Application does disposed of.
First Appeal No.88 of 2020 today, not survive and is accordingly.