Gujarat High Court
Luhar Babubhai Somabhai Since ... vs State Of Gujarat on 7 January, 2022
Bench: Ashutosh J. Shastri
C/SCA/23/2022 ORDER DATED: 07/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 23 of 2022
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LUHAR BABUBHAI SOMABHAI SINCE DECD. THROUGH LHS
ARVINDBHIA BABUBHAI LUHAR
Versus
STATE OF GUJARAT
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Appearance:
MR N V RAVAL(11267) for the Petitioner(s) No. 1
MR VIJAY N RAVAL(2025) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR. CHINTAN DAVE, AGP, ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 07/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. Though the matter is listed for admission, by consent of
the learned advocates appearing for the parties, it is taken
up for final disposal lis lies in narrow compass.
2. Short facts leading to the filing of the present petition,
can be crystallized as under : -
2.1 The father of the petitioner was originally owning
the land bearing Survey No. 42 admeasuring 0-16-19
situated at village Bamroda, Taluka Kadana, District
Mahisagar and petitioner claims to be the successor in the
interest of the said land.
C/SCA/23/2022 ORDER DATED: 07/01/2022
2.2 For the purpose of constructing Sujalam Sufalam
Spreading Canal Project, the land of the petitioner came
to be acquired and final award came to be passed on
27.06.2005. Similarly placed persons sought for a
reference under section 18 of the Land Acquisition Act,
1894 (hereinafter referred to as 'The Act') and Reference
Court by its judgment and award dated 29.12.2015
awarded higher compensation for the land acquired by the
respondents granting additional compensation of Rs.
185/- per sq. mtr. along with 12% increase in the land
price under section 23(1-A), 30% solatium under section
23(2) with interest @ 9% per annum from the date of
taking over possession till one year and thereafter @ 15%
p.a. till realization of the amount under section 28(2) of
the Act.
2.3 Father of the petitioner by invoking section 28A of
the Act had not sought for reference under Section 18 of
the Act, filed an application on 10.05.2016 (Annexure -
B) seeking the benefit of the judgment and award dated
29.12.2015. On account of the said application having not
been considered and despite representations having been
submitted, petitioner is before this Court seeking for a
Writ of Mandamus seeking direction to the respondent
authority to decide and finalize the petitioner's application
filed under section 28A of the Act on 10.05.2016
(Annexure - B) and to pay special interest and cost for
preferring the petition before this Court.
3. Having heard learned counsel appearing for the
C/SCA/23/2022 ORDER DATED: 07/01/2022
petitioner and the learned AGP appearing for the
respondent - State, we are of the considered view that
application submitted by the father of the petitioner dated
10.05.2016 under section 28A of the Act ought to have
been considered by the jurisdictional authorities within a
period of three months and same having not been done, we
are of the considered view that prayer sought for in the
application, deserves to be granted.
4. Hence, the following :
ORDER
(1) Special Civil Application is allowed in
part.
(2) A Writ of Mandamus issues to the
respondent No. 2 to consider, adjudicate and
decide the application dated 10.05.2016
(Annexure - B) filed under Section 28A of the
Land Acquisition Act, 1894 expeditiously and at
any rate within an outer limit of three months
from the date of receipt of copy of this order.
(3) No order as to costs.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
AMAR SINGH
