Gujarat High Court Imposes ₹1 Lakh Costs On ASI For Delaying Compensation To Dholavira Farmers, Orders Recovery From Erring Officers

The Gujarat High Court imposed Rs. 1 Lakh cost on Archaeological Survey of India for suppressing material facts pertaining to execution proceedings concerning compensation order granted by trial court to farmers of Dholavira village in Kutch whose land was acquired by the authority. The court expressed its dissatisfaction with the authority observing that "despite acquiring the land more than 20 years ago", the "claimants had been deprived" of reasonable compensation till date. Moreover the court also noted that the authority had before the high court, suppressed the fact that it was aware of the execution proceedings filed by the claimants and had given assurances for paying the compensation. Justice MK Thakker in his order also questioned the authority's reason for delay–i.e. mandatory governmental procedure of obtaining administrative approval from higher authorities."In the present case, the explanation that the delay occurred due to mandatory governmental procedure of obtaining administrative approval from higher authorities does not inspire confidence and fails to constitute a sufficient cause in the eyes of law...It emerges that despite the Superintendent of Archaeology having advised compliance with the judgment and release of compensation to the landowners, the present appeal has been filed along with an application for condonation of delay, that too without offering any sufficient explanation...For the foregoing reasons, and in view of the suppression of material facts regarding the filing of the execution application and the assurances given by the applicant authority, this Court is of the opinion that the application deserves to be rejected. Accordingly, the application is rejected with costs of ₹1,00,000/- collectively. The said costs shall be recovered from the erring officer(s) responsible for such suppression and lapse". The court was hearing a plea by ASI's Superintending Archaeologist seeking condonation of delay of 718 days in filing appeal challenging a 2023 judgment and decree passed by Principal Senior Civil Judge, Bhachau, District Kutch granting compensation to farmers of Dholavira on account of land acquisition proceedings. The appellant contended that the certified copy of the impugned judgment and decree was applied for on 23.08.2023 and was delivered on the same day. Thereafter, the file was forwarded to the office of the applicant and subsequently sent to the panel advocate for obtaining his legal opinion. Upon receipt of such opinion, the matter was forwarded to the higher authorities and, during the process of obtaining the requisite administrative approval, a delay of 718 days occurred in filing appeal.The appellant submitted that as per the mandatory Government procedure, the matter was required to be placed before the competent higher authority–Director General, Archaeological Survey of India, New Delhi–for obtaining administrative approval to challenge the trial court's judgment and to seek stay of its operation. The delay occurred due to administrative reasons in obtaining approval.Meanwhile the counsel for the respondent farmers submitted an Execution Application was filed before the Bhachau Court which was thereafter transferred to the Court of the Principal Senior Civil Judge, Rajkot. Notices were issued by executing Court to the authority, pursuant to which an assurance was given for depositing the awarded amount on or before 21.04.2025. However, instead of depositing the awarded amount, the appellant moved in appeal before the high court. The respondents argued that despite having complete knowledge of the execution proceedings, the applicant has failed to disclose these material facts either in the appeal or in the delay condonation application.The high court noted that the concerned court in the land acquisition proceedings had relying upon the sale deed executed by the Gujarat Tourism Department, determined the market value of the acquired land at the rate of Rs.9.57 per square meter.The high court noted that the authority appeared before the Executing Court and filed several applications seeking adjournments, each time assuring that the awarded amount would be deposited. Despite order dated 21.04.2025 wherein a clear warning was issued by the concerned court regarding issuance of an attachment warrant, for period of nearly 1.5 years no effective steps were taken by the authority to deposit the amount "except repeatedly seeking adjournments".Thereafter, the court, noted an attachment warrant was issued by the Executing Court, however, on another assurance given by the applicant–authority on 11.06.2025 to deposit the awarded amount within a period of 15 days, the attachment was not effected. Thereafter, the authority moved the high court in appeal. The court also noted that despite the Superintendent of Archaeology recommending complaince with the compensation decree, the appeal had been filed. It thus dismissed the appeal and directed that the cost shall be...

Gujarat High Court Imposes ₹1 Lakh Costs On ASI For Delaying Compensation To Dholavira Farmers, Orders Recovery From Erring Officers

Malavika Prasad

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