Jagabhai Bhagabhai Baria vs State Of Gujarat
2021 Latest Caselaw 17280 Guj

      C/SCA/21644/2019                                      ORDER DATED: 16/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 21644 of 2019

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                          JAGABHAI BHAGABHAI BARIA
                                    Versus
                             STATE OF GUJARAT
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Appearance:
MR JINESH KAPADIA, ADVOCATE with
MS MEDHA H PATEL(10907) for the Petitioner(s) No. 1
MR BHARAT VYAS AGP for the Respondent(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 4
NOTICE SERVED(4) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 16/11/2021

                                ORAL ORDER

1. Heard learned Advocate Mr.Jinesh Kapadia for learned Advocate Ms.Medha Patel for the petitioner, learned Assistant Government Pleader Mr.Bharat Vyas for the respondents State and learned Advocate Mr.H.S.Munshaw for Respondent No.4.

2. Learned Advocate Mr.Kapadia submits that issue agitated by way of this petition is covered by judgment dated 28.08.2017 by the Division Bench of this Court in Special Civil Application No.13528 of 2017. He submits that another grievance of the petitioner is partly redressed by the respondent authorities by way of a decision in the form of communication dated 31.08.2021 whereby the Special Land Acquisition Officer, Narmda Yojna, Vadodara has taken a decision to pay the interest

C/SCA/21644/2019 ORDER DATED: 16/11/2021

during the period during which bank account of the petitioner remained freezed for a period from 04.02.2011 to 06.09.2011 and, therefore, now the only issue that remains before this Court for determination is about an amount of TDS which is deducted from the compensation awarded to the petitioner and also the amount of interest at the rate of 9% from the date on which the possession of the land was taken over for the first year and for subsequent period the interest would be at the rate of 15% on the amount of compensation awarded in the year 2009 as per the award.

2.1 He submits that he will file short affidavit clearly stating about the grievance that needs to be redressed by this Court and also will provide calculation of amount as per the entitlement of the claim. He submits that copy of the affidavit that may be filed by him will be supplied to other side well in advance so as to enable learned Assistant Government Pleader to go through the same and cross-check the facts. He, therefore, requests for time upto 26.11.2021 and submits that affidavit along with calculation shall be filed and copy of the same would be served to the office of the Government Pleader latest by 22.11.2021. Time is granted. Stand over to 26.11.2021.

(NIRZAR S. DESAI,J) MISHRA AMIT V.