Sunil Rasiklal Bhatt vs State Of Gujarat
2022 Latest Caselaw 10306 Guj

     C/SCA/9992/2022                          JUDGMENT DATED: 21/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9992 of 2022
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                       SUNIL RASIKLAL BHATT
                              Versus
                         STATE OF GUJARAT
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Appearance:
MR ROBIN PRASAD(9344) for the Petitioner(s) No. 1
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 3
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                          Date : 21/12/2022
                          ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Petitioner is seeking for a direction to the respondents to

act as per the assurance given under communication dated

21.8.2018 (Annexure-C) whereunder it is stated that on

completion of the work, the shed that was then existing near

Pillar No.85 of Metro Rail Project, admeasuring 7.7 metres X 4.2

metres would be restored.

2. We have heard the arguments of Mr. Robin Prasad,

learned advocate appearing for the petitioner, Ms. Hetal Patel,

learned AGP appearing for respondent Nos.1 and 2 as well as

C/SCA/9992/2022 JUDGMENT DATED: 21/12/2022

Mr. Anuj Trivedi, learned advocate appearing for respondent

No.3. Perused the records.

3. Though several grounds have been urged and voluminous

pleadings have been laid before this Court, suffice to state that

this petition is liable to be dismissed on the short ground that

land which was originally belonging to the petitioner having

since been acquired by the Gujarat Metro Rail Corporation has

resulted in quantification of the compensation to the extent of

Rs.1,75,70,393/- and also culminating in payment in the month

of October 2019 and as such any assurance given under the

aforesaid communication dated 21.8.2018 would get eclipsed by

virtue of the compensation having been received which is

undisputedly for the structure value for shed and workshop

which is also quantified at Rs.30,62,716/-. In that view of the

matter, we are of the considered view that entertaining of this

petition that too by entering into the zone of disputed questions

of facts would not arise. Hence, petition stands dismissed.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) Bharat