Suthar Arvindbhai Somabhai vs The Special Land Acquisition Officer on 25 March, 2019

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Gujarat High Court

Suthar Arvindbhai Somabhai vs The Special Land Acquisition Officer on 25 March, 2019

Bench: A.J.Desai

         C/SCA/5915/2019                                ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 5915 of 2019

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                     SUTHAR ARVINDBHAI SOMABHAI
                                 Versus
                 THE SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1,2,3,4
MR RAKESH PATEL, ASSTT. GOVT. PLEADER for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                           Date : 25/03/2019

                             ORAL ORDER

[1.0] RULE. Learned AGP waives service of notice of Rule on behalf of the respondent. With the consent of learned advocates appearing for respective parties, present petition is taken up for hearing today.

[2.0] By way of present petition under Article 226 of the Constitution of India, following prayers have been made.

"Your Lordships may be pleased to direct the Reference Court - Court of 3rd Additional Senior Civil Judge, Mehsana, to amend the cause title of the Judgment and Award dated 21.01.2011 passed in Land Acquisition Reference Case No.2713 of 2009, as per the Order passed by the 5th Additional Senior Civil Judge, Mehsana dated 12.12.2015 passed below Exh. 1 in CMA No.160 of 2015 in Land Acquisition Reference Case No.2713 of 2009, in the interest of justice;"

[3.0] The short facts arise from the record are as under:

Page 1 of 3 C/SCA/5915/2019 ORDER

[3.1] That the land in question was acquired by the State Authorities for the purpose of constructing canal pursuant to Sujlam Suflam floated by the Government. The petitioners were not satisfied with the award passed by the District Collector and therefore, an application under Section 18 of the Land Acquisition Act, which was ultimately numbered as Land Acquisition Reference Case No.2713/2009 and other allied reference cases in the Court of learned 5th Additional Senior Civil Judge, Mehsana.

[3.2] The learned Senior Civil Judge by his judgment and award dated 21.01.2011 partly allowed the reference made by the petitioners. The petitioners having come to know that there were some mistake in the surname of the petitioner, an application was submitted by the petitioners in the year 2016 under Sections 151, 152 and 153 of the Code of Civil Procedure, 1908. By an order dated 12.12.2015, the learned Civil Judge accepted the application and corrected the surname of one of the beneficiary. The said order has become final.

[3.3] The petitioners, therefore, requested the learned Civil Judge to correct the surname in the award and decree by submitting an application on 04.07.2018. The learned Civil Judge instead of correcting the surname of one of the beneficiary, ordered that the application be tagged with the original record. Hence, this petition.

[4.0] Mr. Prajapati, learned advocate appearing for the petitioners would submit that the learned Judge has committed error in not correcting the surname of one of the beneficiary as ordered by his predecessor on 12.12.2015. He would submit that instead of keeping the application alongwith the original record, learned Civil Judge should have passed appropriate order directing its Registry Page 2 of 3 C/SCA/5915/2019 ORDER to make correction as per the order dated 12.12.2015. He, therefore, would submit that appropriate order be passed.

[5.0] On the other hand, learned AGP has argued on behalf of the respondent.

[6.0] I have heard learned advocates appearing for respective parties.

It is an undisputed fact that the reference came to be finally disposed of by the learned Civil Judge by his judgment and order dated 21.01.2011. When the application was submitted by the petitioners to correct the surname of one of the beneficiary which was corrected by order dated 12.12.2015, the respondent authority has not challenged the said order dated 12.12.2015, by which the name was corrected. Therefore, in my view, when the petitioners submitted an application to make correction in the judgment and award, the learned Judge ought to have passed appropriate order and should have directed the Registry to act according to the order dated 12.12.2015. Hence, the petition requires consideration.

[7.0] Petition is allowed. The order dated 04.07.2018 passed below application Exh.79 is hereby quashed and set aside. Application Exh.79 is hereby revived. The learned Principal Senior Civil Judge, Mehsana shall pass appropriate order in Land Acquisition Reference Case No.2713/2009 at the earliest and shall see to it that order dated 12.12.2015 is implemented, if not further challenged. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J. DESAI, J.) Ajay Page 3 of 3

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