Gujarat High Court
The Deputy Collector, Land ... vs Dhirajlal Limba on 25 March, 2021
Bench: Vineet Kothari, Biren Vaishnav
C/FA/946/2019 IA ORDER DT. 25.3.21
THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICER
v.
DHIRAJLAL LIMBA
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In
R/FIRST APPEAL NO. 946 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1169 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1170 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1171 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1172 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1173 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2021
In
R/FIRST APPEAL NO. 1174 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1175 of 2019
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C/FA/946/2019 IA ORDER DT. 25.3.21
THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICER
v.
DHIRAJLAL LIMBA
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1176 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1177 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2021
In
R/FIRST APPEAL NO. 1178 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 1179 of 2019
==========================================================
THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
(IRRIGATION) OFFICER
Versus
DHIRAJLAL LIMBA
==========================================================
Appearance:
MR K.M. ANTANI, Assistant Government Pleader for the PETITIONER(s) No.
for the RESPONDENT(s) No.
==========================================================
CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 25/03/2021
IA ORDER
(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)
1. Mr. Munal Chalani, learned counsel prays for short
accommodation to file CrossObjection..
C/FA/946/2019 IA ORDER DT. 25.3.21
THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICER
v.
DHIRAJLAL LIMBA
2. Mr. K.M. Antani, learned Assistant Government submits
that the case relating to compensation for land acquisition is
squarely covered by the Division Bench of this Court (Coram:
M.R. Shah & R.P. Dholaria, JJ.) in First Appeal No.926 of 2012 -
State of Gujarat vs. Jinabhai Premjibhai, decided on 22.4.2014,
in which the Division Bench has held as under:
"8. In view of the above and for the reasons stated
above, all these appeals succeed in part. The impugned
common judgment and award dated 08.03.2010
passed by the learned Reference Court and learned
Principal Senior Civil Judge, Junagadh in Land
Reference Case Nos.1645 of 1999 to 1665 of 1999 is
hereby confirmed insofar as determining and
awarding the compensation at the rate of Rs.40/ per
sq. meter for irrigated land (inclusive of the amount of
compensation awarded by the Special Land
Acquisition Officer).
9. However, it is held that the claimants shall be
entitled to the compensation at the rate of Rs.32/ per
sq. meter (inclusive of the amount of compensation
awarded by the Special Land Acquisition Officer)
(instead of Rs.35/ per sq. meter as awarded by the
learned Reference Court) for nonirrigated land. The
impugned judgment and award dated 08.03.2010
C/FA/946/2019 IA ORDER DT. 25.3.21
THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICER
v.
DHIRAJLAL LIMBA
passed by the learned Reference Court and learned
Principal Senior Civil Judge, Junagadh in Land
Reference Case Nos.1645 of 1999 to 1665 of 1999 is
modified to the aforesaid extent. Rest of the judgment
and award dated 08.03.2010 passed by the learned
Reference Court and learned Principal Senior Civil
Judge, Junagadh in Land Reference Case Nos.1645 of
1999 to 1665 of 1999 is hereby confirmed."
3. Nobody has put in appearance for the Respondents /
Claimants in the remaining items despite service. Therefore, the
present lot of Appeals may decided on the next date of hearing in
the aforesaid terms of the Division Bench Decision in the case of
Jinabhai Premjibhai (supra).
4. List again on 9.4.2021.
(DR. VINEET KOTHARI,J)
(BIREN VAISHNAV, J)
Bharat
