STATE OF GUJARAT Vs. KIRITBHAI PRABHUDAS PATEL

JUDGEMENT

(1.) All these Civil Revision Applications are connected with each other and a common question of law arises for determination and therefore, they are being disposed of by this common judgment.

(2.) The State Government acquired agricultural land of village Kanjari for the purpose of construction of main canal of river Narmada Irrigation Project. After following due procedure, Special Land Acquisition Officer awarded compensation at the rate of Rs. 1/- per sq.mtr. to the owners of the acquired land. Being aggrieved by the award of the Special Land Acquisition Officer, the claimants-opponents approached the Reference Court by way of filing References. The Reference Court, i.e. Joint District Judge, Panchmahals at Godhra by his judgment and award dated 21st February, 1997 awarded compensation at the rate of Rs. 14/- per sq.mtr. along with additional amount solatium and interest as permissible under the Act. The State Government being aggrieved by the judgment and award of the Reference Court preferred First Appeals before this Court being First Appeal nos. 3360 of 1997 to 3369 of 1997. In the First Appeals, the Division Bench of this Court reduced the amount of compensation to Rs. 11/- per sq.mtr. from Rs.14/- per sq.mtr. confirming the rest of awards and the State Government was directed to deposit necessary amount of compensation together with costs and interest as due to the claimants under the Award within a period of four months from the date of the order. As the State Government has not deposited the amount of award passed by Reference Court the respondents filed Darkhast nos.71 of 1997 to 80 of 1997 in the court of Joint District Judge, Panchmahals at Godhra for directing the petitioners to deposit the amount as per the award passed by the Reference Court. The Joint District Judge, Panchmahals at Godhra vide his order dated 8.12.1999 allowed Darkhast applications and directed the State Government to deposit the remaining amount within two months, failing which distress warrant was ordered to be issued. Being aggrieved by the said order of the Joint District Judge, Panchmahals at Godhra, the petitioner State Government preferred Appeals from Orders in this Court. This court vide its order dated 19th February, held that appeals under Order 43, Rule 1(r) of Civil Procedure Code are not maintainable and hence, at the request made by the Government pleader, granted leave for converting the Appeal from Orders to Revision Application. Hence, these Revision Applications are before this Court for disposal.

(3.) Thus, these Revision Applications arise out of the order passed by the Joint District Judge, Panchmahals at Godhra on 8th December, 1999 whereby the State Government-petitioner has been directed to deposit the remaining amount within two months failing which a distress warrant for the recovery of the said amount has been ordered to be issued against the State Government.