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Nirashrit Prabhubhai Ramjibhai v. the State of Gujarat

Gujarat HC23 Nov 2022SCA/23186/2022

Case brief

AI extract

What is this about?

The bench quashed a land acquisition award passed under the old Act after the 2013 Act came into force, holding the new Act's provisions attracted. The court directed a fresh award under the 2013 Act within three months while allowing a set-off for the amount already paid.

What did the court decide?

The award dated 26.03.2014 is quashed; the respondent is directed to pass a fresh award under the 2013 Act within three months, allowing a set-off for the amount already paid.

Nirashrit Prabhubhai Ramjibhai Vs the State of Gujarat — Land Acquisition | Gujarat HC (2022)

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 23186 of 2022

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NIRASHRIT PRABHUBHAI RAMJIBHAI Versus THE STATE OF GUJARAT

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============================================= Appearance:

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MR AV PRAJAPATI(672) for the Petitioner(s) No. 1,2,3,4 for the Respondent(s) No. 2,3,4,5

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MR MANAN MEHTA ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1

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=============================================

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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 23/11/2022

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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Though the matter is listed for admission, by consent of

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learned advocates appearing for the parties, same is taken up for final disposal.

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We have heard arguments of learned advocate Mr. A.V.

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Prajapati appearing for petitioners and Mr. Manan Mehta, learned Assistant Government Pleader appearing for respondents – State.

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Page 1 of 6

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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The short point that arises for consideration is whether the award dated 26.03.2014 is sustainable in the eye of law and liable to be quashed ?

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Facts in brief which has led to filing of the petition are as under : -

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4.1 The lands of the petitioner bearing Survey Nos. 79 paiki, 79 paiki, 79 paiki, 79 paiki, 79 paiki, 79 paiki, at Village Arjansar, Taluka Radhanpur, District Patan came to be acquired under preliminary notification dated 21.01.2012 and final notification dated 20.03.2012 duly published in Gazette Notification on 30.01.2012 and 22.03.2012 respectively.

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4.2 Thereafter, an award came to be passed under section 11 on 26.03.2014 determining the total compensation payable @ Rs. 1,68,682/-. The said award was passed by consent.

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It is contention of learned advocate Mr. A.V. Prajapati appearing for petitioners that compensation which has been determined by the aforesaid award, is subsequent to 2013 Act coming into force and as such sub-section (1) of Section 24 of

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Page 2 of 6

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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2013 Act would get attracted, as a consequence of which the award passed under section 11 has to be set aside and prays for a direction being issued to the respondents to pass fresh award in accordance with the provisions of 2013 Act.

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Per contra, learned Government Advocate would support the impugned award and contend that same has been passed by consent and as such he prays for dismissal of the Special Civil Application.

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Having heard the learned advocates appearing for parties and on perusal of Section 24 of the Act, it would emerge therefrom that sub-section (1) contains two parts namely Clause (a) and Clause (b). Clause (a) would indicate that where no award under Section 11 of the old Act has been made, the provisions of the new Act would be applicable for determination of compensation; Clause (b) would mandate that where an award under Section 11 has been made, then the proceedings would continue under the provisions of the old Act. In the present situation, namely on the facts on hand, it would indicate that pursuant to the Notification dated 22.03.2012, the award

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Page 3 of 6

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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came to be passed on 26.03.2014 i.e. after the new Act coming into force on 01.01.2014. Thus, the award passed under the old Act, after the new Act having coming into force would have no legs to stand. In other words by the time, the award in question came to be passed i.e. on 26.03.2014, the new Act of 2013 had already come into force. Therefore, in terms of Clause (a) of sub-section (1) of Section 24, award under the provisions of the new Act were required to be passed. Hence, award passed under the old Act would have to make way for award being passed under new Act.

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Insofar as the date of award above referred to is concerned, the learned Assistant Government Pleader would not dispute this fact. Though, he has contended that impugned award is passed by consent, we are of the considered view that consent cannot confer the jurisdiction on statutory authority to pass an award contrary to the provisions of the Statute. Clause (a) of sub-section (1) of Section 24 being clear and unambiguous namely to the effect that on coming into force the provisions of new Act and award if having not been passed under the old Act,

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Page 4 of 6

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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the award will have to be passed under Act 2013. In respect of subject lands, for which, the acquisition proceedings had been commenced under old Act, award came to be passed after new Act came into force. The only option which was available to the authorities was to pass award under the new Act. Hence, impugned award cannot be sustained.

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Hence, we proceed to pass the following :-

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: O R D E R :

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(i) The Special Civil Application is allowed.

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(ii) The award dated 26.03.2014 (Annexure A) is hereby quashed and the respondent No. 3 is directed to pass fresh award under the provisions of 2013 Act in respect of the subject lands expeditiously and at any rate within an outer limit of three months from the date of receipt of copy of this order. However, it is made clear that compensation having been paid undisputedly pursuant to the award passed under Section 11 of the old Act, same shall be retained by the petitioners and said amount shall be given set-off at the time of passing the fresh award under the provisions of 2013 Act by the respondent authorities. It is also made clear that petitioner would not be entitled to interest for the period from 26.03.2014 till

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Page 5 of 6

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C/SCA/23186/2022 ORDER DATED: 23/11/2022

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07.11.2022 (date of filing of the Special Civil Application).

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Learned Assistant Government Pleader Mr. Manan Mehta

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is permitted to file appearance within four weeks from today.

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(ARAVIND KUMAR,CJ)

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(ASHUTOSH J. SHASTRI, J)

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phalguni

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Nirashrit Prabhubhai Ramjibhai v. the State of Gujarat

Case brief

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Nirashrit Prabhubhai Ramjibhai v. the State of Gujarat

Case brief

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