C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11347 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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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 or any order made thereunder ?
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RADHIKA UDAYAN CHINUBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR PARESH M DARJI(3700) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2
MS.SHRUNJAL SHAH, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 09/03/2023
ORAL JUDGMENT
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI) Page 1 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023 C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
1. RULE returnable forthwith. Ms.Shrunjal Shah learned AGP waives service of notice of Rule on behalf of the respondent State.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. By way of present petition under Article 226 of the Constitution of India, following prayers have been made:
"(A) Your Lordship may be pleased to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus, and be pleased to hold and declare that the Petitioners are entitled to receive the amount of compensation as per award and be further direct the respondents to make the payment of the compensation to the Petitioners as per award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(B) Your Lordship may be pleased to pass the any necessary order or direction to the respondent authorities to complete the procedure of releasing payment of Page 2 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023 C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023 compensation at the earliest or within some time bound schedule as the award is of 2015."
4. Affidavit in reply has been filed by the respondents.
5. Brief facts are as under.
6. That the notice under Section 4 of the Land Acquisition Act was issued on 18.09.2012 for acquiring land for the purpose of headquarter of Police Superintendent, Western Railway, Ahmedabad. Thereafter notification under Section 6 came to be issued on 25.09.2013. The District Collector declared award on 02.05.2015.
7. Several representations have been made to deposit the amount as per the award, however, the same has not been deposited.
8. The matter was listed before the division Bench Page 3 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023 C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023 of this Court and on 21.10.2020, following order was passed:
"After having heard learned advocates appearing for the respective parties, by way of interim order, the respondent - State authorities are hereby directed to deposit the amount of award qua the land of the petitioners with the Registry of this Court on or before 27.11.2020. Further order shall be passed on the next date of hearing. It would be open for the petitioners to file further affidavit in the matter. Stand over to 7.12.2020."
9. Pursuant to the appropriate order, the amount has been deposited by the respondent in the Registry of this Court on 10.11.2020. It is an undisputed fact that the present petitioners are the owners of the properties whose lands have been required by the respondents and are however without fruits of the acquisition proceedings though the award was passed way back in the year 2015 and amount came to be deposited before this Court on 10.11.2020 and the said amount is lying before the registry of Page 4 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023 C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023 this Court since then.
10. It is the case of the respondent authority that the land has been occupied by someone and therefore the vacant and peaceful possession has not been handed over to the respondents.
11. Having heard learned advocates appearing for the respective parties, we are of the considered opinion that the petitioners are entitled for the compensation for those lands which were acquired way back in the year 2012 and award of which was published on 02.05.2015.
12. However, it would be open for the petitioners to make a representation for the interest since the amount was deposited at belated stage.
13. Hence, we allow the petition by following directions:
Page 5 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023 C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023 I. The amount which has been deposited in the Registry of this Court pursuant to the order passed by this Court on 21.10.2020, the said amount be disbursed in favour of the petitioner in accordance with law after proper verification. II. It would be open for the petitioner to make representation with regard to her claim of interest for the delayed payment. III. If petitioner makes the aforesaid representation to the concerned authority, the same shall be decided within a period of six weeks from the date of receipt of copy of this order.
14. Rule is made absolute to the aforesaid extent.
(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) ANKIT SHAH Page 6 of 6 Downloaded on : Fri Mar 10 20:45:36 IST 2023