Patel Rugnathbhai ... vs Executive Engineer
2021 Latest Caselaw 2615 Guj

         C/X-OBJ/112/2016                                        IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


       MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
                In R/CROSS OBJECTION NO. 112 of 2016
                   In R/FIRST APPEAL NO. 784 of 2016
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PATEL RUGNATHBHAI VIRCHANDBHAI(DEC. THRU HIS HEIRS) Versus EXECUTIVE ENGINEER ========================================================== Appearance:

MR GAURAV VYAS for the PETITIONER(s) No. MR RITURAJ MEENA ADVOCATE for the RESPONDENT(s) No. 1, 2 MR TRUPESH KATHIRIYA AGP - ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the RESPONDENT(s) No.3 ==========================================================

CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 18/02/2021

IA ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1 Rule returnable forthwith. Mr. Rituraj Meena, the learned counsel waives service of notice of rule for and on behalf of the opponents Nos.1 and 2 and Mr. Trupesh Kathiriya, the learned A.G.P. waives service of notice of rule for and on behalf of the opponent No.3.

2 This application is at the instance of the original claimants. The claimants have prayed for the following reliefs:

"A. This Hon'ble Court may be pleased to admit and allow the application.

B. This Hon'ble Court may be pleased to amend the judgment dated 15/10/2019 passed in Cross Objection No.112 of 2016 in First Appeal

C/X-OBJ/112/2016 IA ORDER

No.784 of 2016 and be pleased to direct the Registry to disburse the 50% amount lying with the registry in accordance with the order dated 11/08/2016 passed in Civil Application No (for stay) No.3950 of 2016 in favour of the present applicants (original Cross Objectioner) at the earliest in the interest of justice.

C. The Hon'ble Court may be pleased to direct the respondents to deposit the additional compensation granted by this Hon'ble Court by the order dated 15/10/2019 (Annexure p1) with the registry of this Hon'ble Court within a period of two weeks and be further pleased to direct the registry to disburse the said amount to the present applicant in the interest of justice in accordance with the law.

D. Be pleased to grant any other appropriate relief which this Hon'ble Court may deem fit."

3 The First Appeal filed by the opponents Nos.1 and 2 along with the cross­objection filed by the original claimants came to be disposed of by this Court vide the judgement and order dated 15th October 2019. While disposing of the First Appeal and the cross­objection, this Court observed in paras 16, 17 and 18 as under:

"16 In view of the above mentioned criteria, the comparable instance is considered for the land of Ranki Vav and the market value fixed is Rs.192.50 ps. There is one year difference between the publication of the notifications under Section 4 of the Land Acquisition Act as the notification in the comparable instance of Ranki Vav is in the year 1996, whereas in the case on hand, the said notification is published in the year 1995 and, therefore, 10% i.e. Rs.19.25 ps. requires to be deducted and, therefore, it will come to Rs.173.25 ps., out of which, 30% is required to be deducted as considering the city and municipality area and rural area. Therefore, 30% of Rs.173.25 ps comes to Rs.51.97 ps rounded to Rs.52/­ which is required to be deducted from Rs.173.25 ps. which will come to Rs.121.25 ps. as market value, out of which, originally Rs.6/­ has been granted by the competent authority and, therefore, the original applicants are entitled to additional compensation of Rs.115.25 ps. per Sq.Mtr.

C/X-OBJ/112/2016 IA ORDER

17. In view of the above facts and circumstances of the case, the appeal filed by the appellants has no merit and deserves to be dismissed. Hence the same is dismissed.

18. The Cross Objections filed by the original applicants, respondents herein, is partly allowed and the original applicants - respondents herein, are entitled to additional compensation of Rs.115.25 ps. per Sq.Mtr., in addition to Rs.6/­ per Sq.Mtr. granted by the competent authority with available legal benefits. The Cross Objections is thus, disposed of."

4 Thus, the appeal filed by the opponents Nos.1 and 2 herein against the award of compensation passed by the District Court came to be dismissed. Whereas, the cross­objection filed by the original claimants for enhancement of the compensation amount came to be partly allowed. The amount towards enhancement of the compensation has been ordered to be deposited today in the order passed in the application filed by the opponents Nos.1 and 2.

5 We dispose of this application with a direction that once the amount towards enhancement of the compensation is deposited with the Registry of this High Court, the entire amount, thereafter, shall be disbursed in favour of the original claimants after proper verification and due identification of the claimants.

6 With the above, this Miscellaneous Civil Application stands disposed of.

(J. B. PARDIWALA, J)

(ILESH J. VORA,J) CHANDRESH