State Of Gujarat vs Balapirs Dargah Public Trust, ...
2021 Latest Caselaw 1906 Guj

           C/SCA/2353/2021                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2353 of 2021

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                     STATE OF GUJARAT
                           Versus
      BALAPIRS DARGAH PUBLIC TRUST, BERNA, HIMATNAGAR
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Appearance:
MR. ADITYASINH JADEJA for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 Date : 09/02/2021

                                     ORAL ORDER

1. Heard, learned AGP Mr. Adityasinh Jadeja for the petitioner - State through video conference.

2. Learned AGP has submitted that in the Post-Godhra-Riots, pursuant to a PIL filed for awarding adequate compensation, this Court has passed several directions, one of which, was to appoint all the Principal District Judges of the concerned Districts, as Special Officers, so as to decide the amount of compensation to the religious places of worship, situated within their territorial jurisdiction.

Consequently, the Respondent preferred Civil Misc. Application No. 54 of 2012 before the learned Principal District Judge, Sabarkantha @ Himmatnagar claiming Rs. 2 lacs towards compensation, which, came to be allowed in part by an order dated 11.10.2012, passed below exh. 37, by the learned Principal District Judge, Sabarkantha @ Himatnagar, awarding compensation of Rs. 70,000/-.

C/SCA/2353/2021 ORDER

3. On the other hand, the Petitioner - State herein has challenged the order passed by this Court before the Hon'ble Apex Court by filing Civil Appeal No. 3249 of 2016, which came to be disposed of by setting aside the impugned judgment and order therein of this Court for the reason, as referred in para 38 of the said decision of the Hon'ble Apex Court, that the State Government has already framed a scheme for the same. In the submission of the learned AGP, in view of the aforesaid decision of the Hon'ble Apex Court, the matter before the trial Court becomes infructuous, however, the learned Principal District Judge has passed the impugned order.

4. The learned AGP has relied upon an order dated 21.12.2020, passed in identical Special Civil Application No. 12893 of 2020., wherein, the Coordinate Bench has issued Notice and stayed the impugned order passed by the learned Court below and accordingly, it is urged that the impugned order herein may also be stayed.

5. The matter requires consideration. Hence, issue Notice, returnable on 27th April 2021. In the meantime, ad-interim relief in terms of para 7(C) of the petition is granted, till then.

(A. C. JOSHI,J) J.N.W