Decd. Natwarbhai Bababhai ... vs State Of Gujarat

     C/SCA/9853/2021                            JUDGMENT DATED: 09/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 9853 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================
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 ?

==========================================================
DECD. NATWARBHAI BABABHAI ACHARYA THROUGH HIS LEGAL HEIRS
                          Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR RASHMIN MAKWANA(3758) for the Petitioner(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 1,2,3
==========================================================
  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)

1. Rule returnable forthwith. Learned AGP Ms. Shrunjal Shah Page 1 of 4 Downloaded on : Fri Mar 10 20:45:45 IST 2023 C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023 waives service of notice of Rule for and on behalf of respondents.

2. With the consent of the learned advocates for the respective parties, this petition is taken up for hearing today.

3. By way of this petition, under Articles 14, 21 and 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

"a. To allow and admit the present petition;

b. To direct the respondent no.3 to forthwith pay the amount of compensation to the petitioners for the land new survey / block no.229 (old survey no.193) of old tenure of moje Barejadi, Taluka Dascroi, District Ahmedabad admeasuring 0.32-15 Hec. Sq. Meters in question sought to be acquired by them;

c. To forthwith hold the process of taking over the possession of the land from the petitioner;

d. Pending admission, hearing and final disposal of this petition, be pleased to restrain the respondents from taking Page 2 of 4 Downloaded on : Fri Mar 10 20:45:45 IST 2023 C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023 over the physical possession of the land new survey / block no.229, (old survey no.193) if old tenure of moje Barejadi, Taluka Dascroi, District Ahmedabad admeasuring 0-32-15 Hec. Ae Sq. Meters in question, pursuant to the acquisition sought to be made by the respondent No.3

- Company.

e. Pending the admission, hearing and final disposal of this petition, the respondents be directed to pay the amount of compensation or land in lieu of the same;

f. Pass any such other and / or further orders that may be thought just and proper, in the facts and circumstances of the case."

4. It is the case of the petitioners that it is true that the land which is acquired for High Speed Rail (Bullet Train) for the project under the Mumbai-Ahmedabad High Speed (Bullet Train) Project on the basis of Consent Agreement. It is the case of the petitioners that most of the petitioners are owners and their names have been entered in the revenue records. Also that they are cultivating such lands and therefore they would be entitled, and may be granted compensation. In support of their case, several documents have been produced.

C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023

5. We have heard learned advocates for the respective parties.

6. It is undisputed that the land in question which is acquired for the aforesaid project is a Kharaba land, State of Government and, therefore the petitioner is not entitled for any relief, as prayed for.

7. In view of above, the petition deserves to be dismissed and accordingly, it is dismissed with no order as to costs. Rule is discharged.

(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) VATSAL Page 4 of 4 Downloaded on : Fri Mar 10 20:45:45 IST 2023