DY COLLECTOR Vs. ISHVARBHAI BABABHAI NAI

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals, they are disposed of by this common judgment and order.

(2.) IN all these Appeals under Section 54 of the Land Acquisition Act read with Section 96 of the Civil Procedure Code, appellant Deputy Collector, Land Acquisition, Dharoi Canal Scheme, Himatnagar has challenged the impugned judgment and award passed by the Reference Court dated 24th September 1999 passed in Land Reference Case Nos.323/1998 to 335/1998 (main L.A.R. No.334/1998). At the outset it is required to be noted that though served, nobody appears on behalf of respondents original claimants.

(3.) EVEN otherwise, this Court has verified the facts and it appears from the Annexure 1 to the present Appeal that earlier, with respect to very lands in question and for the same acquisition, the original claimants submitted the reference applications which were send to the Reference Court, which were numbered as L.A.R. Nos.2361/1992 to 2376/1992 and the Reference Court partly allowed the said references by judgment and order dated 20th October 1995 and the entire amount as per the judgment and award passed by the Reference Court has been deposited by the appellant and without disclosing the aforesaid facts of filing earlier reference applications, the claimants have with malafide intention submitted the present references which are not maintainable. There cannot be two references for the same lands in question and acquisition. Therefore, it appears that as such the claimants have played a fraud with the Court and without disclosing that earlier reference applications were filed and without disclosing the fact that in the said earlier references, the award came to be passed by the learned Reference Court, they have obtained the impugned judgment and award which cannot be sustained and the same deserves to be quashed and set aside.