SPECIAL MAMLATDAR Vs. JAM GAGUBHA NARANJI

JUDGEMENT

(1.) The respondent herein filed Special Civil Application No. 2745 of 1932 praying for issue of a writ of mandamus or any other writ order or direction directing the 1st appellant herein to make the award in terms of consent writing dated 7-5-1978 taken from the respondent herein and marked as Annexure A in the Special Civ. Application. The respondent farther prayed in the Special Civil Application that if the Honble Court does not deem a St to issue such a writ this Honble Court may be pleased to direct the appellant herein to immediately determine the amount of compensation payable to the respondent and make the necessary award under Section 15 of the Kutch Inams Act Annexure A in accordance with which the respondent wanted the award is in the nature of an affidavit with a solemn affirmation by the power-of-attorney holder of the respondent herein. In this solemn affirmation it is stated that in the compensation the paid to the tune of Rs. 13 76 46.77 the respondent will not prefer any appeal against the said aware for compensation. It is further stated in the solemn affirmation that 3% interest as held by the Supreme Court may also be awarded. It is the case of the respondent that the respondent and hi brother were owners of approximately 44.1 % share in Pipar village. Under the provisions of the Bombay Inams (Kutch Area) abolition Act 1958 all Inams in Kutch were abolished with effect from 30-12-1958. Under Section 13 of the said Act at the Inamdars the respondent were entitled to compensation and under Section 15 of the said Act the Inamdars should apply to the Collector in writing for determination of such compensation. The respondent filed necessary application in forms D and E for determination of the amount of compensation in respect of his 44 1/2% share in the Village on 2-2-1967. The Special Mamlatdar made the necessary formal enquiry for the determination of the amount of compensation and all necessary evidence was led before him and the case was pending for final determination in 1977. Since many number of cases were pending before the Mamlatdar for determination of compensation it is the case of the respondent that the Government of Gujarat appointed a Committee consisting of the Deputy Secretaries Revenue and Finance Deparments the Collector of Kutch and the Deputy Conservator of Forest Kutch giving necessary powers to the Committee to report as regard compensation payable under the Act As far as the respondent herein is concerned it is stated by the respondent that the Committee worked out the amount of the compensation payable to the respondent for his share of the village at Rs.13 76 46.77 and asked the respondent whether he is agreeable to accept the said amount as compensation in place of the amount demanded by him in his application in Forms D and E The respondent agreed to the said compensation and executed the letter dated 7-5-1978 in favour of the Special Mamlatdar Nakhatrana consenting to accept the award in respect of the said amount and undertaking that the respondent would not prefer any appeal against the award to be so passed by the Special Mamlatdar. In spite of that according to the respondent no award was passed. It is the 898 further case of the respondent that even though awards have been passed in respect of some other claimants who have agreed to the compensation fixed by the Committee the respondent was not given the award in spite of the fact that he has consented to accept the amount in respect of the amount suggested by the Committee and excuted the letter dated 7-5-1978. Since the appellants herein did not pass the award as agreed by the Committee the petitioner has come forward with Special Civil Application No. 2745 of 1982 with the above said prayers.

(2.) The appellants in their reply affidavit filed by the Under Secretary to the Government of Gujarat Revenue Department inter alia contended that the recommendation of the Committee for paying compensation was found excessive and unreasonable and as such the Government decided to review the matter instead of paying the compensation as solemnly affirmed by the respondent herein in his letter dated 7-5-1978.

(3.) The learned Single Judge of our High Court who heard the Special Civil Application thought it fit to set aside the award passed by the Special Mamlatdar Nakhatrana on 12-11-1982 which is subsequent to the filing of the Special Civil Application and directed the Special Mamlatdar Nakhatrana to pass an award in terms of the consent writing obtained from the respondent herein on 7-5-1958. The learned Judge also directed the Special Mamlatdar Nakhatrana to pass the award within three months from the date of the said judgment. Even though the learned Judge observed in his judgment that one course would be to remand the matter to the Special Mamlatdar Nakhatrana with a direction to examine the whole claim of the respondent and pass an appropriate award came to the conclusion that in the interests of justice and to put an end to the litigation an award should be passed in accordance with the agreement obtained from the respondent herein. The learned Judge also warded 15% solatium to the respondent herein. The basis of award by the learned Judge is that there is an agreement between the respondent and the appellant as per Annexure A to the Special Civil Application and that in the interests of justice and to put an end to the litigation which is pending for a long time the award has to be passed in terms of Annexure A. It is as against this judgement the Special Mamlatdar and the State of Gujarat who were respondents Nos. 1 and 2 in the Special Civil Application have come forward with the Letters Patent Appeal.