Babubhai Keshavbhai Nakrani vs Deputy Collector
2021 Latest Caselaw 9928 Guj

      C/SCA/10497/2021                                ORDER DATED: 29/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10497 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 10580 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 10391 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 10392 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 10393 of 2021
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                         BABUBHAI KESHAVBHAI NAKRANI
                                    Versus
                             DEPUTY COLLECTOR
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Appearance:
MR DIPEN DESAI(2481) for the Petitioner(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                      Date : 29/07/2021
                   COMMON ORAL ORDER

1. Heard Mr. Dipan Desai, learned advocate for the petitioners and Ms.Dharitri Pancholi, learned AGP for the respondent State.

2. By these petitions, the petitioners have prayed for direction to the reference Court to disburse the amount of compensation awarded to the petitioners. It is the case of the petitioners in all the respective petitions, that Civil Miscellaneous Applications have been filed before the court concerned in the month August 2020 and in other matters in the month of April 2021; however no decision has been taken on such applications. It is the case of the petitioners that it is undisputed that the judgment rendered in land acquisition proceedings have attained finality, for, no appeal has been filed against the judgment.

3. Mr. Dipan Desai, learned advocate has placed on record the order

C/SCA/10497/2021 ORDER DATED: 29/07/2021

dated 26.02.2021 passed by the Co-ordinate Bench of this Court in Special Civil Application No.2570 of 2021 in the similarly situated claimants/ applicants. It is urged that similar direction be issued to the reference court to disburse the amount without any further delay so that the claimants/ applicants receive the amount of compensation which is long overdue.

4. The State Government through its Executive Engineer, Amreli, Irrigation Department has also addressed communications. So far as Civil Miscellaneous Application Nos.63 of 2021, 66 of 2021, are concerned they have already deposited the amount of compensation with the court concerned. It is also requested to do the needful in the matter of disbursing the amount to the claimants/applicants.

5. Ms. Dharitri Pancholi, learned Assistant Government Pleader states that if such directions are issued, there is no objection on the part of the State Government in view of the communications both dated 19.04.2021. Learned AGP also states that, Mr.Ashwin Rathod the Executive Engineer of Amreli Irrigation Department has also informed that if the amount of compensation is disbursed there is no objection on the part of the department.

6. In view of the aforesaid and with the consent of learned advocates appearing for the respective parties, the matters are taken up for final disposal.

7. RULE. Ms. Dharitri Pancholi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent-State in each petition.

C/SCA/10497/2021 ORDER DATED: 29/07/2021

8. It is reported that the Civil Miscellaneous Applications are coming up for hearing on 18.08.2021. The ends of justice would meet, if the Reference Court concerned is directed to hear and decide the Civil Miscellaneous Applications pending with it.

9. The Reference Court concerned is directed to hear and decide Civil Miscellaneous Applications No.63 of 2021, 56 of 2021, 66 of 2021, 71 of 2021 and 33 of 2020 at the earliest and preferably before 31.08.2021 and not later than 15.09.2021. Needless to mention that the formality of disbursement shall be done after verifying the identity of the respective claimants.

10. With the aforesaid directions, the petitions are disposed of. Rule is made absolute to the aforesaid extent in each petition. No order as to costs. In case of difficulty it will be open for the petitioners to approach this Court.

Direct service is permitted.

(SANGEETA K. VISHEN,J) URIL RANA