SCA/1576420/2008 1/27 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 15764 of 2008 With SPECIAL CIVIL APPLICATION No. 15766 of 2008 With SPECIAL CIVIL APPLICATION No. 15852 of 2008 To SPECIAL CIVIL APPLICATION No. 15867 of 2008 With SPECIAL CIVIL APPLICATION No. 15885 of 2008 To SPECIAL CIVIL APPLICATION No. 15896 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= GSPC PIPAVAV POWER CO LTD - Petitioner(s) Versus DULABHAI KALABHAI & 1 - Respondent(s) Appearance : MR SN SHELAT, Sr. Adv. with Ms VD NANAVATI with Ms. DHARA SHAH for Petitioner, MR GM AMIN for Respondent(s) : 1, MR. AMIT PATEL ASSIT.GOVERNMENT PLEADER for Respondent(s) : 2, ========================================= SCA/1576420/2008 2/27 JUDGMENT CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 29/12/2008 COMMON ORAL JUDGMENT 1. As common question of law and facts arise in these group of petitions, they are being disposed of by this common judgment and order. 2. Rule in each of the petitions. Shri G.M. Amin, learned advocate has stated at the Bar that he has instructions to appear on behalf of the private respondents-original claimants and he will be filing Vakalatnama on behalf of the private respondents-original claimants and he waives service of notice of rule on behalf of the private respondents-original claimants in each of the petitions and Shri Amit Patel, learned AGP, waives service of notice of rule on behalf of the respondent State. With the consent of the learned advocates appearing on behalf of the respective parties and the in the facts and circumstances of the case all these petitions are taken up for final hearing today. 3. Special Civil Application No. 15764 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 11 of 1994, by which learned trial Court has rejected the said application and not refunding SCA/1576420/2008 3/27 JUDGMENT the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.1 Special Civil Application No. 15766 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 33 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.2. Special Civil Application No. 15852 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 16 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.3. Special Civil Application No. 15853 of 2008 under Article 227 of the Constitution of India is preferred by SCA/1576420/2008 4/27 JUDGMENT the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 17 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.4. Special Civil Application No. 15854 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 19 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.5. Special Civil Application No. 15855 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land SCA/1576420/2008 5/27 JUDGMENT Reference Case No. 23 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.6. Special Civil Application No. 15856 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 24 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.7.Special Civil Application No. 15857 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 25 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. SCA/1576420/2008 6/27 JUDGMENT 3.8. Special Civil Application No. 15858 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 38 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.9. Special Civil Application No. 15859 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 39 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.10. Special Civil Application No. 15860 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd SCA/1576420/2008 7/27 JUDGMENT Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 40 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.11. Special Civil Application No. 15861 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 43 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.12. Special Civil Application No. 15862 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 49 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective SCA/1576420/2008 8/27 JUDGMENT claimant paid out of Court towards amount of compensation. 3.13. Special Civil Application No. 15863 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 53 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.14. Special Civil Application No. 15864 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 55 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.15. Special Civil Application No. 15865 of 2008 under Article 227 of the Constitution of India is preferred by SCA/1576420/2008 9/27 JUDGMENT the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 57 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.16. Special Civil Application No. 15866 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 60 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.17. Special Civil Application No. 15867 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land SCA/1576420/2008 10/27 JUDGMENT Reference Case No. 36 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.18. Special Civil Application No. 15885 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 35 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.19. Special Civil Application No. 15886 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 42 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. SCA/1576420/2008 11/27 JUDGMENT 3.20. Special Civil Application No. 15887 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 46 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.21. Special Civil Application No. 15888 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 47 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.22. Special Civil Application No. 15889 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd SCA/1576420/2008 12/27 JUDGMENT Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 48 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.23. Special Civil Application No. 15890 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 50 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.24. Special Civil Application No. 15891 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 52 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective SCA/1576420/2008 13/27 JUDGMENT claimant paid out of Court towards amount of compensation. 3.25. Special Civil Application No. 15892 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 56 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.26. Special Civil Application No. 15893 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 59 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.27. Special Civil Application No. 15894 of 2008 under Article 227 of the Constitution of India is preferred by SCA/1576420/2008 14/27 JUDGMENT the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 61 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.28. Special Civil Application No. 15895 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land Reference Case No. 64 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 3.29. Special Civil Application No. 15896 of 2008 under Article 227 of the Constitution of India is preferred by the petitioner-original opponent No.2 for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 22.9.2008 passed by the 3rd Additional Senior Civil Judge, Amreli in Application/pursis preferred by the petitioner in land SCA/1576420/2008 15/27 JUDGMENT Reference Case No. 65 of 1994, by which learned trial Court has rejected the said application and not refunding the amount paid by the petitioner to the respective claimant paid out of Court towards amount of compensation. 4. Few facts are necessary for the purpose of determination of the present group of petitions. The State Government acquired land in question belonging to the respective private respondents-original land owners for the benefit of the petitioner Corporation- GSPC Pipavav Power Co. Ltd., under the provisions of the Land Acquisition Act (hereinafter referred to as the “Act”) for the purpose of installation of power plant at Kovaya, Tal: Rajula. After the proceedings under the Act were completed the Special Land Acquisition Officer declared the award under Section 11 of the Act. Being aggrieved and dissatisfied with the award declared by the Special Land Acquisition Officer, respective private respondents herein-original land owners-claimants preferred Land References before the Special Land Acquisition Officer under Section 18 of the Act and the Special Land Acquisition Officer referred the said references to the concerned Reference Court, which were numbered as referred to above. It appears that during the pendency of the Reference Cases, the petitioner Corporation arrived at settlement with the original claimant who had sought enhancement of the amount of compensation awarded by the Land Acquisition Officer. As the petitioner was of the opinion that it will be in the public interest that the settlement is arrived at with respect to compensation SCA/1576420/2008 16/27 JUDGMENT amount so that they can commence construction work and may not have to wait till the Reference Applications are decided, they entered into the settlement out of Court with respect to compensation. Therefore, the claimants and the petitioner-Corporation preferred application for recording the settlement arrived at between the parties and the said settlement was recorded by the learned Reference Court and consent awards came to be passed by the Reference Court. It appears that, thereafter the petitioner-Corporation deposited entire awarded amount before the Reference Court, Amreli as per the settlement and the consent awards. That the petitioner-Corporation felt that some longer time is likely to be taken by the Reference Court in making the payment to the claimants and thereby it will delay the project of the Corporation, they thought it fit to pay the amount of compensation as per the consent terms and the award directly to the respective claimants by withdrawing the amount deposited by them with the Reference Court and, therefore, petitioner submitted applications before the Reference Court permitting them to withdraw the said amount deposited by them so that they can directly make payment to the respective claimants, however the said applications came to be rejected by the learned Reference Court. Being aggrieved and dissatisfied with the respective orders passed by the Reference Court, Amreli in not permitting the petitioner-Corporation to withdraw the amount of compensation deposited by them, petitioner preferred Special Civil Application before this Court and this Court allowed the said Special Civil Application permitting the SCA/1576420/2008 17/27 JUDGMENT petitioner Corporation to make the payment to the respective claimants / original lands owners directly and to obtain the receipt with regard to the payment to the respective claimants/ original land owners so that the same can be produced before the learned Reference Court, Amreli and this Court further passed an order that on production of the receipts before the Reference Court, issued by the respective claimants/ land owners that the amount under consent award is already received by them, the Reference Court has directed to refund the amount to the petitioner-Corporation which is already deposited by them within a period of 15 days from the date of production of said receipts. It appears that thereafter the petitioner-Corporation made the payment of compensation as per the consent terms /award to the respective original claimant/ land owners for which the original claimant / owners have no grievance /objection and they have issued respective receipts. That, thereafter petitioner submitted respective pursis/ applications before the learned Reference Court, Amreli pursuant to the order passed by this Court producing the receipts issued by the respective original claimants /owners with respect to the acceptance of the amount of compensation as per the consent terms /award and requested the learned Reference Court, Amreli to refund the said amount to the petitioner-Corporation as the same is lying idle and the said amount of compensation is already paid to the respective claimants / land owners. That the learned 3rd Additional Senior Civil Judge, Amreli-Reference Court by impugned orders rejected the said application for refund of the amount. Being SCA/1576420/2008 18/27 JUDGMENT aggrieved and dissatisfied with the impugned orders passed by the learned trial Court/Reference Court, Amreli rejected the application for refund of the amount which is already paid to the respective claimants/ land owners, the petitioner-Corporation has