Shankarbhai Somabhai Parmar ... vs State Of Gujarat
2021 Latest Caselaw 4279 Guj

     C/LPA/8/2017                                           ORDER Dt. 16.3.2021


        SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED Versus STATE OF GUJARAT




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              R/LETTERS PATENT APPEAL NO. 8 of 2017
                               In
           R/SPECIAL CIVIL APPLICATION NO. 6855 of 1996
                              With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
                               In
              R/LETTERS PATENT APPEAL NO. 8 of 2017

==============================================================
  SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED & 2
                     other(s)
                     Versus
           STATE OF GUJARAT & 2 other(s)
==============================================================
Appearance:
MR JITENDRA M PATEL(620) for the Appellant(s) No.
1,1.1,1.2,1.3,2,2.1,2.2,2.3,3

MR KM ANTANI, AGP (99) for the Respondent(s) No. 1,3
==============================================================

CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI

                                               and

           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 16/03/2021

                               ORAL ORDER

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

Learned Government Counsel pointed out after reading

the impugned Order of learned Single Judge fully that the

C/LPA/8/2017 ORDER Dt. 16.3.2021

SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED Versus STATE OF GUJARAT

paragraph No.13 of the Judgment of learned Single Judge

clearly discusses the aspect of reserving the land of Survey

No.109 for Housing Board but the same was never acquired

for Housing Board and since the proceedings under ULC Act

had become final at the hands of Chanchalben, daughter of

Motibhai and Kashiben, widow of Shankerbhai, who was

son of Chanchalben could not belatedly challenge the

proceedings under ULC Act which had become final and even

the compensation proceedings under Section 11 of the Act had

become final in the presence of the said Somabhai. Therefore,

the matter is squarely covered by the Judgment dated

22.1.2021 in Letters Patent Appeal No.405 of 2017 of this

Court in the case of Heirs of deceased Jethabhai

Ishwarbhai v. State of Gujarat and the present Petitioners -

Appellants have unnecessarily sought to create a doubt about

the land in question being acquired or reserved for the Gujarat

Housing Board by producing a Certificate at their own

request issued by Vadodara Urban Development Authority

C/LPA/8/2017 ORDER Dt. 16.3.2021

SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED Versus STATE OF GUJARAT

being application dated 14.8.1996 much after such proceedings

under ULC Act had become final and without any supporting

document for the acquisition being produced by them, the

proceedings concluded under ULC Act could not have been

challenged by them.

Learned Counsel for the Appellant prays for short

accommodation.

List again on 17.3.2021 on top of the Board.

(DR. VINEET KOTHARI,J)

(BIREN VAISHNAV, J) *** VATSAL