SCA/10223/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10223 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 NANJIBHAI DANABHAI & 3 - Respondent(s) ========================================================= Appearance : MRS VD NANAVATI for Petitioner(s) : 1, None for Respondent(s) : 1 - 3. MR VIPUL MISTRY, ASST. GOVERNMENT PLEADER for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 11/08/2008 ORAL JUDGMENT Rule. Mr.G.M.Amin, learned Advocate waives service of rule on behalf of respondent Nos.1 to 3. He has further submitted that he has also SCA/10223/2008 2/6 JUDGMENT instructions to appear on behalf of other original claimants / land owners in whose favour consent award has been passed and whose lands have been acquired as all throughout he has appeared on behalf of the original claimants / land owners. Mr.Vipul Mistry, learned A.G.P. waives service of rule on behalf of respondent No.4. 2. With the consent of the learned Advocates appearing on behalf of the respective parties and considering the controversy raised in the present Special Civil Application, the petition is taken up for final hearing today. It is not in dispute that the lands in question have been acquired for benefit of the petitioner – GSPC Pipavav Power Company Limited. It is not in dispute that the Reference Application under Section 18 of the Land Acquisition Act, consent awards have been passed and on the basis of said consent award, entire awarded amount has been deposited by the petitioner. It appears that as some time was likely to be taken by the learned Reference Court in disbursing the amount in favour of original claimants and consequently the petitioner – SCA/10223/2008 3/6 JUDGMENT Corporation was not in a position to get possession of lands in question at the earliest which is very much needed for their project. 3. The petitioner – Company submitted the application dated 15.07.2008 before the Reference Court, permitting them to withdraw the amount deposited by them and permitting them to pay the awarded amount to the claimants directly. The said application came to be dismissed by the learned Reference Court by order dated 25.07.2008 by observing that once amount is deposited with the Reference Court, the same is to be disbursed / paid to the claimants only by Reference Court. Being aggrieved and dissatisfied with the same, the petitioner has preferred the present Special Civil Application. 4. The petitioner has come out with a case that let the petitioner be permitted to withdraw the amount already deposited by the petitioner before the Reference Court and they may be permitted to disburse / make the payment as per the consent award to the SCA/10223/2008 4/6 JUDGMENT respective original claimants / land owners directly by Account Payee Cheque and on such payment possession be handed over to the petitioner – Corporation. It is submitted by Mr.S.N.Shelat, learned Senior Advocate appearing on behalf of the petitioner that as such irrespective of the withdrawal of the amount by the petitioner, they will independently make the payment from their fund to the respective claimants / original land owners. Mr.G.M.Amin, learned Advocate appearing on behalf of respondent Nos.1, 2 and 3 herein and original claimants / land owners who has already appeared on behalf of the original claimants / land owners before the Reference Court under the instructions from the respective original claimants / land owners has submitted that if amount under the consent awards is directly paid to the respective original claimants / land owners as per the consent awards and the petitioner is permitted to withdraw the amount deposited before the Reference Court, they will not have any objection. Mr.Vipul Mistry, learned AGP has submitted that even the Government has also no objection if such a course is adopted. SCA/10223/2008 5/6 JUDGMENT 5. Considering above consensus and in the facts and circumstances of the case, the impugned order passed by the Reference Court i.e. learned Principal Civil Judge (S.D.), Amerli dated 25.07.2008 passed below application dated 15.07.2008 in Land Reference Case No.1 of 1990 filed by the petitioner – Corporation is hereby quashed and set aside and the petitioner – Corporation is permitted to pay / disburse the amount as per the consent awards passed in respective Reference Applications to the respective original claimants / land owners directly by Account Payee Cheque only in their respective names and on such payment, respective original claimants / land owners shall hand over the possession of their respective lands to the petitioner – Corporation. Respondent land owners / original claimants shall also issue necessary receipt to the Corporation with respect to amount of compensation received as per consent award passed by the Reference Court. 6. Mr.S.N.Shelat, learned Senior Advocate appearing on behalf of the petitioner – Corporation SCA/10223/2008 6/6 JUDGMENT has submitted that aforesaid payment to the respective original claimants / land owners would be made as early as possible but not later than 10 (ten) days from today. 7. In view of the above and on production of the receipts before the Reference Court, issued by the respective original claimants / land owners that the amount under consent awards is already received by them, the Reference Court is directed to refund the amount to the petitioner – Corporation which is already deposited by them within a period of 15(fifteen) days from the date of production of said receipts. Rule is made absolute accordingly. Direct service is permitted. [M.R.Shah,J.] satish