SENDHABHAI RAMSENGBHAI DESAI v. NIRBHAY MANSHUKHBHAI GONDALIYA SPECIAL LAND ACQUISITION OFFICER
2024-07-08
A.Y.KOGJE, SAMIR J.DAVE
body2024
DigiLaw.ai
ORDER : 1. This petition is filed for following reliefs: (A) This Hon’ble Court may be pleased to allow this application and thereby, be pleased to hold the respondents guilty of committing willful and deliberate contempt of this Hon’ble Court and consequently punish the respondents in accordance with law. (B) This Hon’ble Court may be pleased to direct the respondents to forthwith purge the contempt of court committed by them, by immediately implementing the orders dated 01.09.2022 and 02.05.2023 passed by this Hon’ble Court in SCA No. 15373 of 2022 as Annexure-“A” and MCA No. 1 of 2023 in SCA No. 15373 of 2022 as Annexure-“B.” (C) Pending hearing and final disposal of this petition, be pleased to direct the respondents to implement the judgment and orders dated 01.09.2022 and 02.05.2023 passed by this Hon’ble Court in SCA No. 15373 of 2022 as Annexure-“A” and MCA No. 1 of 2023 in SCA No. 15373 of 2022 as Annexure-“B.” (D) Grant such other and further reliefs as deemed fit in the interest of justice. 2. It is the case where the lands of the applicants have been acquired for the purpose of laying down of Narmada Canal. According to the applicants, the land was acquired long back towards which, an advance compensation, as per the provision, has already been paid, however, there is no proceeding of land acquisition under the Act so as to finally pass an award under the provisions of Land Acquisition Act, because of which, the applicants have been deprived of agitating their rights either for enhancement or otherwise. 3. Learned advocate has submitted that this court in the order dated 01.09.2022 had clearly directed to conclude the acquisition proceedings under the Act 2013 within a period of six months from the date of receipt of the order, which included the publication of declaration under Section 19. 4. It appears that, thereafter, on account of the procedure required to be undertaken by the respondent and having not concluded in the time stipulated in the order dated 01.09.2022, the respondent-department had preferred an application for seeking extension of the period of six months. This also appears to have been granted by the order dated 02.05.2023 in MCA No. 1 of 2023 in SCA No. 15373 of 2022. 5.
This also appears to have been granted by the order dated 02.05.2023 in MCA No. 1 of 2023 in SCA No. 15373 of 2022. 5. It is the case of the applicants that despite this, extension given benevolently by the court, till date, there are no proceedings which can be said to a concluded and the Rights of the applicants to award being adjudicated by the State or by the court of law. It is in this regard that the applicants have alleged non compliance of the order passed by this court on two occasions. 6. Learned advocate for the respondent No. 2 has drawn attention of this court to certain proceedings which are filed and pending before this court, which pertain to the acquisition of land for the same project. It is submitted that as the laying down of the Narmada Canal involved three separate districts and to have a comprehensive policy for the acquisition, a separate committee was constituted, and therefore, the inter- departmental committee thus constituted was to take into consideration the acquisition of the lands of district Banaskantha, Patan and Kachchh which includes the lands of the applicants and undertake the proceedings of acquisition. 7. Learned advocate for the respondent No. 2 has drawn attention of this court to the order passed in Special Civil Application No. 20019 of 2023 at an interim stage on 01.04.2024 and thereafter, the final order passed by this court in the group of Special Civil Applications being Special Civil Application No. 20019 of 2023 and cognate matters and submitted that comprehensive directions have been given by the Division bench of this court and the directions have been given so as to facilitate proper and uniform policy for grant of compensation to the land holders, whose lands were acquired for the purpose of laying down Narmada canal, particularly, in the three districts as mentioned herein above. Learned advocate for the respondent No. 2 has thereafter, stated that now the State is duty bound to comply the directions contained in the final order dated 03.07.2024 in Special Civil Application No. 20019 of 2023 and cognate matters. 8.
Learned advocate for the respondent No. 2 has thereafter, stated that now the State is duty bound to comply the directions contained in the final order dated 03.07.2024 in Special Civil Application No. 20019 of 2023 and cognate matters. 8. As against this, learned advocate for the applicants submitted that it cannot be said that the directions contained in Special Civil Application No. 20019 of 2023 would not apply to the lands of the applicants, more particularly, when in so far as the applicants are concerned, they were already before this court and certain stage of acquisition has already commenced and taking into consideration that aspect only the earlier order passed in case of the petitioners had stipulated a time frame within which the case was to be considered. 9. Having heard learned advocates for the parties and having perused the documents on record, the present case is in connection with the directions issued by this court firstly in order dated 01.09.2022 in Special Civil Application No. 15373 of 2022, under this order, this court has directed the respondents to conclude the acquisition proceedings within a period of six months from the date of receipt of the copy of the order. 10. The State had filed Misc. Civil Application (for Review) No. 1 of 2023 and other cognate matters seeking extension of the period of six months stipulated by the court and this court by an order dated 02.05.2023, has disposed of the application by granting an extension of six months period to complete the process of acquisition. 11. The court would at this stage refer to the pending proceedings before this court in a separate petition nonetheless covering the entire lands which were acquired for the purpose of laying down of Narmada canal in the districts of Banaskantha, Kachchh and Patan. 11.1 The division bench (Coram: Chief Justice and Mr. Pranav Trivedi, JJ) of this court has passed an order on 01.04.2024 taking cognizance of the fact that the State Government had constituted an inter-departmental committee under the government resolution dated 15.03.2024 to take a holistic view and conclude the exercise of acquisition of the lands of this aforesaid three districts acquired for the specific purpose of laying down of Narmada Canal. 12.
12. Ultimately, this court in the order dated 03.07.2024 in Special Civil Application No. 20019 of 2023 and the cognate matters which were pertaining to the acquisition of land similar as that of the applicants for the purpose of laying down of Narmada canal was in question. The final directions given by this court in those petitions would read as under: [8] We, therefore, dispose of the writ petitions in this bunch with the directions that: (i) The petitioners shall make individual representations before the Additional Collector (Narmada) (Uttar Gujarat, Saurashtra & Kachchh), C-2, Narmada Vasahat, Anand Nagar, Vejalpur, Ahmedabad-380015 within a period of three weeks from today along with the copy of this order. (ii) On such representation being made, the same shall be immediately placed before the Committee constituted under the Government Resolution dated 15.03.2024. (iii) The Committee shall examine claims of each and every representationist and decide their individual cases, on their claims that the agricultural lands belonging to them had been utilized without due process of law. (iv) If the claims of the petitioners/representationist find favour with the Committee, it shall immediately proceed with the acquisition for the purposes of payment of compensation to such landholders/representationist/petitioners. (v) In case the claims of any of the representationist do not appeal to the Committee, a reasoned and speaking order shall be passed dealing with the individual claim of such representationist/landholders/petitioners. (vi) In any case, the entire exercise of dealing with claims of the each of the representationist and payment of compensation to those whose claims find favour with the Committee with payment of compensation shall be completed as expeditiously as possible, preferably within a period of six months from today. (vii) In case of failure on the part of the Committee to complete the process or any delay or slackness on its part, it would be open for the petitioners, who filed their representations before the Committee, to approach this Court by bringing their fresh action. 13. According to the learned advocate for the respondent No. 2, the inter departmental committee was constituted specifically to undertake the exercise and complete the acquisition proceedings including payment of compensation to the land loosers covering the three districts which also includes the land belonging to the applicants. Obviously, therefore, the directions contained in an order dated 03.07.2024 would also be covering the case of the applicants.
Obviously, therefore, the directions contained in an order dated 03.07.2024 would also be covering the case of the applicants. The court also observes that as and when the acquisition has actually taken place where the possession of the land was taken the advance compensation has already been paid. 14. The court finds that, therefore, there is no case of any willful negligence on the part of the respondent and in fact, the comprehensive policy for awarding compensation in a particular project and to maintain uniformity for the same across the three districts where acquisition has taken place, the State has passed the resolution to constitute an inter- departmental committee for expeditiously deciding such claim. 15. In view of the aforesaid, the court, therefore, adopting the reasoning and the directions given by this court (Coram: Chief Justice and Mr. Pranav Trivedi, JJ) in order dated 03.07.2024 with a direction that in the present application, there may not be any deviation for the time line as specified by this court in order dated 03.07.2024, however, as the proceedings for acquisition for the applicants is already underway, it will not be necessary for the applicants to approach the inter- departmental committee by a separate representation. 16. With the aforesaid, the petition stands disposed of. Notice stands discharged. 17. Liberty to revive by filing a simple note in case of further non compliance by the respondents.