Labhubhai Jivrajbhai Badhiwala ... vs State Of Gujarat
2021 Latest Caselaw 15841 Guj

    C/SCA/9579/2021                            ORDER DATED: 07/10/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 9579 of 2021
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   LABHUBHAI JIVRAJBHAI BADHIWALA THROUGH NIRAVBHAI
              LABHUBHAI BADHIWALA (PATEL)
                         Versus
                   STATE OF GUJARAT
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Appearance:
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1
SHRENIK R JASANI(9486) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
Mr. Meet Thakkar, Assit. GOVERNMENT PLEADER(1) for the
Respondent(s) No. 2
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 3
RULE SERVED BY DS(65) for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
       R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV
                  Date : 07/10/2021

                       ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1.0. Heard Mr. Vimal Purohit, learned advocate for the petitioner, Mr. Rituraj Meena, learned advocate for the respondent no.3- Acquiring Body and Mr. Meet Thakkar, learned Assistant Government Pleader for the respondent State.

2.0. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for following main relief:

"A. Your Lordships may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or

C/SCA/9579/2021 ORDER DATED: 07/10/2021

direction directing the learned 3rd Additional Senior Civil Judge, Nadiad to decide the Execution Petition No.6 of 2018 preferred in LAQ No.543 of 2004, within some stipulated time as that may be deemed fit by this Hon'ble Court and in accordance with law:"

3.0. The record indicates that the lands belonging to the petitioner are acquired for the public purpose for Narmada Mahi Pipeline Yojna. The lands belonging to the petitioner came to be acquired under the provisions of the Land Acquisition Act, 1894 under LAQ Case No.24 of 1999, which culminated into an award passed under Section 11(1) of the Act on 28.03.2003. The petitioner land owners being dissatisfied by the market value of Rs.7 per sq mtrs as determined by the Land Acquisition Officer preferred a Reference, which came to be registered as Reference No.543 of 2004 and allied References before the 3 rd Additional Senior Civil Judge, Kheda at Nadiad. The Reference Court vide judgment and award dated 09.11.2017 was pleased to partly allowed the Reference and determined market value of the land acquired at Rs.127 per sq mtrs. It is the say of the petitioner that even though the award is of the year 2017, no payment has been made and therefore, present petition is filed. It is also the case of the petitioner that Execution Petition for implementation of the said judgment and award is already filed being Special Execution Petition No.5 of 2018, which is pending before the trial Court. This Court admitting the matter and in response to the notice issued by this Court acquiring body- respondent no.3 has

C/SCA/9579/2021 ORDER DATED: 07/10/2021

filed Appeal which indicates that they were not aware about the award passed by the Reference Court and no intimation was ever received by the respondent -acquiring body. It is the say of the respondent no.3 that they have challenged the said award before this Court by way of filing First Appeal (Stamp) No.18706 of 2021.

4.0. In light of the aforesaid fact that the award is already challenged before this Court, present petition is disposed of. It is however, noticed that appeal is at the stage of hearing of the application for condonation of delay. Be that it may be so, in case if the First Appeal is not entertained by this Court, the respondent no.3 shall deposit amount as per the award passed by the Reference Court dated 09.11.2017 with the Reference Court in the Pending Special Execution Petition No. 6 of 2018. Petition is disposed of accordingly.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) KAUSHIK J. RATHOD