Nanji Parbat Karia vs State Of Gujarat
2021 Latest Caselaw 1188 Guj

         C/SCA/1328/2021                                    ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 1328 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1330 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1332 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1334 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1336 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1340 of 2021
                                 With
              R/SPECIAL CIVIL APPLICATION NO. 1343 of 2021
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                           NANJI PARBAT KARIA
                                  Versus
                           STATE OF GUJARAT
================================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
MS SHRUTI PATHAK, AGP IN SCA NOS. 1332/2021, 1334/2021, 1340/2021
MR DHARMESH DEVNANI, AGP IN SCA NOS. 1328/20121, 1330/2021,
1336/2021, 1343/2021 for the Respondent(s) No. 1
the Respondent(s) No. 2,3,4,5,6
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
          NATH
          and
          HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
                       Date : 27/01/2021
                    COMMON ORAL ORDER

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

This group of seven petitions has been filed by the land owners whose lands were acquired and award was given. However, they have not been extended the higher amount of compensation as per the new jantri.

2. According to Mr. Vijay Nangesh, learned counsel for the petitioners, several other land owners had approached this Court claiming higher compensation in terms of the new jantri and those

C/SCA/1328/2021 ORDER

petitions were disposed of by this Court granting them the benefit as was admissible. One such judgment dated 20.06.2017 passed in a group of four petitions bearing Special Civil Application Nos. 8465/2016, 8466/2016, 8467/2016 and 8468/2016 is filed at Annexure - G. The other judgment dated 07.12.2018 passed in a group of twenty petitions in which the leading case was one Special Civil Application No.18540 of 2018 is filed at Annexure - I. The subsequent judgment had followed the earlier judgment in case of Ramji Ramaji dated 20.06.2017. According to learned counsel for the petitioner, all those writ petitioners had since been granted the higher rate of compensation as per the new jantri, only present seven land owners have been left out.

3. Ms. Shruti Pathak, learned Assistant Government Pleader prays for time to obtain instructions in the matter. We however feel that instead of keeping these matters pending, it would be appropriate that the petitioners may make a detailed representation to the competent authority who is identified to be respondent No.4 - Deputy Collector and Special Land Acquisition Officer, Bhachau, District Kutch, annexing copies of the judgments referred to above and also other relevant material to show that the petitioners of the present seven petitions and those who had earlier filed the petitions were covered under the same notification under the Land Acquisition Act as also under the same award. Such representation may be filed along with certified copy of this order at the earliest. Thereupon, respondent No.4 would get the same examined and if it is found that the petitioners are entitled to the benefit, he would pass an appropriate order within two weeks. In case, the respondent No.4 finds that the present petitioners are not squarely covered by the judgments referred to and relied upon and that their case is different, he would pass an appropriate order giving reasons for not extending the benefit claimed so that the petitioners would be in a position to pursue fresh remedy against the said decision. This decision be also communicated within two weeks from the date of receipt of the

C/SCA/1328/2021 ORDER

representation. It is further provided that in case, the petitioners are found to be entitled to the higher rate of compensation as per the new jantri, from the date such decision is taken, within six weeks, higher compensation may be paid to the petitioners.

4. With the aforesaid direction, all the seven writ petitions stand disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J)

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