Patel Bhagvanbhai Nagarbhai vs State Of Gujarat
2021 Latest Caselaw 2028 Guj

         C/SCA/888/2021                               ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 888 of 2021

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                PATEL BHAGVANBHAI NAGARBHAI
                                 Versus
                        STATE OF GUJARAT
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Appearance:
MR VIRAL J DAVE(5751) for the Petitioner(s) No. 1
 for the Respondent(s) No. 2,3,4
MR DM DEVNANI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
                          and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 10/02/2021

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

The learned counsel for the petitioner upon oral request is permitted to delete respondent no. 1.

The order dated 28.01.2021 reads as follows :­

"Heard Shri Viral J. Dave, learned counsel for the petitioner and Shri Dharmesh Devnani, learned AGP for the State respondents on advance copy.

Shri Devnani prays for and is granted a week's time to obtain instructions in the matter as to what the authority has done in compliance to the directions contained in the judgment dated 03.12.2018 filed as Annexure­D to the petition. List this matter in top 10 cases on 08.02.2021."

Shri D.M. Devnani, learned Assistant Government Pleader

C/SCA/888/2021 ORDER

has placed before us a communication from the office of the Deputy Collector/Special Land Acquisition Officer, Patan dated 08.02.2021, according to which, a draft award was prepared on 29.06.2019 under Section 28­A of the Land Acquisition Act, 1894. However, as the amount was more than Rs. 3 crores, the same has been forwarded to the Collector, Patan for further transmission to the State Government for its approval. Further, there is no progress. The communication also does not indicate the date on which the office of the Collector forwarded the draft award to the State Government. The above award under Section 28­A of the Land Acquisition Act has apparently been given pursuant to the directions contained in the judgment dated 03.12.2018 passed in Special Civil Application No. 15353 of 2018. The Division Bench in the last paragraph no. 6 had recorded that as the petitioner/original claimant is now 75 years old, the reference be decided within two months from that date. It also provided that no further time will be granted. Para 6 of the judgment and order dated 03.12.2018 is reproduced below :­

" Be that as it may, application under Section 28­A of the Land Acquisition Act, 1894 preferred by the petitioner/ original claimant, now aged 75 years, be decided after following the procedure within two months from today. No further extension shall be granted. Order accordingly. Writ petition is allowed to the extent as aforesaid."

In view of the above facts and circumstances, as we find that the State authorities have not shown any respect to the orders passed by the Division bench on 03.12.2018, what to say of showing any concerned for the litigant who was more than 75 years old then. Let the Special Land Acquisition Officer, Patan, the Secretary "GH" Branch, Revenue Department, Gandhinagar

C/SCA/888/2021 ORDER

(respondent - 4), to remain present through Video Conferencing along with their respective explanation and response to the petition. The explanation should be very specific as to why the compliance has not been affected. Further orders would be passed on the next date after considering the explanation and the response of the aforesaid two officers.

List again on 09.03.2021. It would however, be open for the respondents to ensure compliance of the directions contained in the judgment dated 03.12.2018.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) /phalguni/